DARSHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision is preferred u/s 397/401 Cr.P.C. against the judgment and order dtd. 31/1/2006 passed by Special Judicial Magistrate, Khatima in Crl. Case No.819 of 2005, State v. Darshan Singh and another whereby the learned Magistrate convicted the revisionist u/s 25(1)(a) and Sec. 27(1) of the Arms Act, 1959 and sentenced them to undergo three years' R.I. with a fine of Rs.2,000.00 each u/s 25(1)(a) and three years' R.I. with a fine of Rs.1,000.00 each u/s 27(1) of the Act; as well as the order dtd. 10/5/2012 passed by the Appellate Court in Criminal Appeal No.4 of 2006, Darshan Singh and another vs. State, whereby the learned Judge dismissed the appeal and affirmed the lower court order.

(2.) Brief facts of the case are that on the basis of recovery memo Ex.Ka-1 dtd. 28/6/1999, Chick FIR Ex.Ka-2 was lodged with P.S. Nanakmatta, Distt. U.S. Nagar u/s 25 and 26 Arms Act against the appellants. After taking sanction from the concerned Magistrate which is Ex.Ka-6, charge-sheet Ex.Ka-4 was submitted against the appellants. After giving necessary copies as required u/s 207 Cr.P.C, the learned Magistrate took cognizance and framed charges on 27/11/2000 against the revisionists who pleaded not guilty and claimed to be tried.

(3.) Prosecution produced PW1 D.C. Dhaundiyal, PW2 P.L. Arya, PW3 Brij Kishore, PW4 Harbans Singh and PW5 Ram Singh Mehra.