KARUMUTHU SIVALINGAM CHETTIAR Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed by Karumuthu Sivalingam Chettiar, accused-1 in Sessions Case No. 82 of 1972 on the file of the Assistant Sessions Judge, Ramanathapuram Division at Devakottai.

(2.) THE revision petitioner is stated to be dead now. Since the revision petitioner was also sentenced to pay a fine, the revision petition is disposed of on merits. The revision petitioner was tried along with the eleven others for rioting and other allied offences including attempt to commit murder and ultimately, the revision petitioner alone was convicted under Section 27 of the Arms Act and sentenced to pay a fine of Rs. 500/-, by the Assistant Sessions Judge, Devakottai. On appeal, the learned Additional Sessions Judge confirmed the conviction and sentence of the revision petitioner. Hence this revision petition has been filed.

(3.) IT is strange that both the Courts below had fallen into a grave error in their approach in interpreting Section 27 of the Arms Act. Both the Courts have found that the revision petitioner had not used the revolver to commit any offence. The revolver was not loaded. It is true that he was having a revolver. The revision petitioner had licence for the possession of the revolver. In this background, we have to consider whether the revision petitioner has committed an offence under Section 27 of the Arms Act.