MAHARAJ SINGH Vs. STATE

JUDGEMENT

(1.) On 9-10-1982 at about 7.45 P.M. at WZ 15/IM, Navyug Block, Vishnu Garden, within the jurisdiction of Police Station Tilak Nagar, the present petitioner was found in possession of one country-made pistol 380 and nine 380 live cartridges without any permit or licence. He was arrested and challaned under Section 25 of the Arms Act, 1959. The trial terminated in his conviction and sentence of one year R.I. and a fine of Rs. 500. In default of payment of fine, he was further directed to undergo R.I. for two months.

(2.) The accused did not press the appeal and accepted the verdict of conviction, but prayed for the reduction of sentence before the Additional Sessions Judge, Delhi. Keeping in view the unblemished past of the petitioner, the sentence was reduced from one year to 9 months R.I. The order regarding fine was, however, maintained.

(3.) The revision petition was admitted by G.R. Luthra, J. on 13-9-85 on the point of sentence only. Later on, the report of the Probation Officer as to the desirability or otherwise of giving benefit of probation to the accused was called for. The said report has since been received recommending the grant of benefit of probation under the Probation of Offenders Act, 1958.