STATE OF KARNATAKA Vs. JAGATSINGH

JUDGEMENT

(1.) APPEAL is by the State challenging the order of acquittal passed by the III Addl. Sessions Judge, Gulbarga in SC 210/2009 on 3.11.2009 for the offence punishable under S. 25(a) of the Indian Arms Act. It is alleged, on 16.4.2005 around 10.30 a.m., the Sub -Inspector of Police, Rural Police Station, Gulbarga along with his staff was on patrolling duty near Aland Check Post, the accused on seeing them, started running away. Apprehending him, they recovered a country pistol hidden in the left waistline of his pant. He also failed to produce the license. On the ground the accused expressed that the pistol belongs to his father and he was carrying it with an intention to sell, a case came to be registered in Crime 62/2005 for the above said offence. Charge sheet was filed before the Magistrate. On committal to the Sessions Court, the Sessions Court framed charges against the accused and as he pleaded not guilty, tried the accused. The prosecution in all, examined about six witnesses and got marked four documents and MO 1 - country pistol. Accused was examined under S. 313, Cr.PC. His defense was total denial. Thereafter, accused was acquitted for the offence with which he was charged. Hence, this appeal.

(2.) HEARD the SPP.

(3.) IN that view of the matter, the very carrying of the country pistol by the accused does not amount to commission of the offence. Rightly the trial court acquitted the accused. No better inference can be drawn. The order of the Sessions Judge directing to hand over the country pistol to the PSI is modified and it is for the concerned court or the Magistrate to direct it to be confiscated to the State, according to law. Appeal is dismissed.