GULFAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THE applicant Gulfam has been convicted under Section 25.. Arms Act by the Magistrate's order dated 2.5.89 "and sentenced to one year's R.I. and a fine of Rs. 2,000.00. This order of conviction and sentence has been upheld in appeal by the Sessions Judge Moradabad on 24.1.90. This revision has been-filed by the applicant against the said two order and judgment, which was admitted only on the question of sentence on 27.3.90.

(2.) ACCORDING to the prosecution story on 13.6.85 the applicant was apprehended in village Vilakoodan and a country made pistol and two cartridges were recovered from has possession. The prosecution case relating to the recovery has been believed by the courts below which shows that the applicant was having the possession of illicit arms without licence. Hence nothing can be said so far as the conviction of the applicant under Section 25 Arms Act concerned.

(3.) ON reading of the judgment of the Magis­trate there can not be found justifiable reason for imposing fine also for the said recovery. The maintaining of the fine by the lower Court is also without any justifiable reason. On the facts and circumstance of the present case, the period undergone seems to be more sufficient to meet the ends of justice.