ZABBAD Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 31.1.1998/2.2.1998 passed by the Sessions Judge, Haridwar while adjudicating the Sessions Trial Nos.279 of 1994 and 280 of 1994 collectively. Both the trials proceeded against the same accused Zabbad (appellant). Sessions Trial No.280 of 1994 was for the offence of Section 307 IPC while the other session trial was for the offence of Section 25 of the Arms Act, 1959 (hereinafter will be referred as the Act).

(2.) The facts are that on 27.6.1993, when the police party was patrolling, then the accused Zabbad opened the fire upon the policemen. He was nabbed at the spot and a countrymade pistol was allegedly recovered from his possession. After the conclusion of the trial, the learned Sessions Judge did not find the guilt proved for the offence of Section 307 IPC, but he convicted the accused u/s 25 of the Act for the reason that his counsel in the lower court threw a suggestion to the PW1 S.I. Ramveer Singh Solanki. The suggestion was "there was another country-made pistol recovered from the accused other than the one which was used for opening the fire upon the police". This suggestion was denied by the witness. On the basis of the above suggestion, the learned Sessions Judge discerned that the accused himself has admitted the recovery of a country-made pistol from his possession other than the one, which was used for opening the fire upon the policemen. This was the solo basis made for recording the conviction of the accused u/s 25 of the Act and he was directed to go one month's R.I. nay the amount of Rs.1,000/- fine.

(3.) Learned counsel for the appellant has relied upon the following precedent of the Hon'ble Allahabad High Court: -