PHOTU SINGH Vs. STATE

JUDGEMENT

(1.) This is a revision by Photu Singh who has been convicted under Section 19() Arms Act and has been sentenced to two years' R.I.

(2.) The prosecution case was that the station Officer having received information that the applicant, who was wanted in several crimes end was present in the house of Mahesh Pd. in Mohalla Qaisar Ganj, in the city of Meerut, a raid was organised to arrest him. After taking mutual search, the raiding party surrounded the house of Mahesh Pd. and when they found the applicant together with Khub Singh sitting on one cot and Mahesh Pd. and his son on the other. When the applicant saw that the raiding party had arrived there, he tried to take out a revolver from a leather case which was hanging on his shoulder under his kurta. The witnesses overpowered the accused and got the revolver snatched from him.

(3.) Upon these facts the only contention raised by the learned Counsel for the applicant is that the case was covered by Section 20 of the Arms Act and should have been committed to the Court of Session and the conviction of the applicant under Section 19(f) Arms Act was illegal. It is admitted in all hands that Section 19(f) Arms Act makes punishable mere possession of all arm without a licence. Section 20 of the Arms Act runs as follows: