LAWS(UTN)-2012-6-115

GURDEEP SINGH @ DEEPA Vs. STATE OF UTTARAKHAND

Decided On June 21, 2012
Gurdeep Singh @ Deepa Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) In view of the reasons mentioned in the accompanying affidavit, urgency application no. 2690/2012 is allowed.

(2.) Heard learned Counsel for the parties and perused the materials available on record.

(3.) It transpires that the revisionist Gurdeep Singh @ Deepa was convicted by the trial court for the offence of Section 25 Arms Act vide judgment and order dated 24.10.2005 passed in Criminal Case No. 14/2005 pertaining to Crime No. 60/2003, PS Rudrapur, District Udham Singh Nagar. The accused revisionist was found in possession of one DBBL gun in addition to three rifles of 315 bore while he was sitting in a Bolero Car No. UA-06-A-3333 on 17.1.2003 near the District Court Campus, Rudrapur. At that time, the accused revisionist was also wanted in another Case Crime No. 1331/2001, under Section 302/201 IPC, pertaining to PS Rudrapur. So, when he was arrested by the police, he could not show any valid license or any other justification for keeping those two rifles. He had license only for the DBBL gun and one rifle. This way, two rifles were found in his possession wherefor he could not show any license. The accused revisionist stated that those two rifles, wherefor he had no license, belonged to one Jaswant Singh @ Jass and Paramjeet Singh respectively, who had gone to nearby situated court in connection with some criminal case against them. But when opportunity was rendered to him to show the presence to aforenamed two persons, he could not prove the same. Accordingly, trial against the accused revisionist resulted in his conviction for the offence under Section 25 Arms Act and he was sentenced to imprisonment for the period, which he had already undergone in the jail along with fine of rupees one thousand.