TULA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant revision is directed against the judgment and order dated 18.08.2012, passed in Criminal Appeal No. 14 of 2012, Tula Ram Vs. State by the court of learned Additional District and Sessions Judge, Nainital. By this impugned order, the appeal preferred by the revisionist against the judgment and order dated 13.01.2012, passed in Criminal Case No. 358 of 2011, State Vs. Tula Ram, passed by the court of learned Judicial Magistrate, Ram Nagar, District Nainital (for short "the Case") was dismissed. Vide impugned judgment and order dated 13.01.2012, passed in the Case, the revisionist has been convicted under Section 25 of the Arms Act, 1959 (hereinafter referred to as "the Act") and sentenced to one year rigorous imprisonment and a fine of Rs.100/-.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary for disposal of this case, briefly stated are that on 24.03.2007, when the police party was on patrolling duty, at 5.30 A.M., they intercepted the revisionist and from his possession one 12 bore S.B.B.L gun, which was in three parts, one 12 bore gun and one country-made pistol and 25 cartridges were recovered. A case was registered against the revisionist. After investigation, charge sheet was submitted and the trial proceeded. Finally, as stated, vide judgment and order dated 13.01.2012, passed in the Case, the revisionist has been convicted and sentenced as stated hereinbefore. Aggrieved, an appeal was preferred, which has also been dismissed vide judgment and order dated 18.08.2012, passed in the appeal.