BABU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The facts giving rise to this appeal are that the Appellant, Babu Singh, was one of the accused involved in Sessions Trial No. 515 of 1981 under Sections 302/34 and 307, I.P.C. police station Purkaji district Muzaffarnagar. All the accused persons in that case were acquitted by IV Addl. Sessions Judge, Muzaffarnagar by his order dated 27.10.1993, but the licensed gun in the name of Babu Singh, Appellant, was taken into possession and the same was not returned to the Appellant, Babu Singh, though he had applied for the same before the IV Addl. Sessions Judge. The IV Addl. Sessions Judge by his order dated 13.1.1994 dismissed the application of Babu Singh with the observation that District Magistrate should pass orders of confiscation of this gun and forfeiture of the licence of the said gun because such a licence and gun should never be given to such offence who used the gun in commission of the offence.

(2.) Being aggrieved by the said order this appeal has been filed challenging the said order dated 13.1.1994 passed by the IV Addl. Sessions Judge, Muzaffarnagar.

(3.) I have heard learned Counsel for the parties and have gone through the judgment of an acquittal dated 27.10.1993. This Appellant alongwith other accused persons was acquitted of the said charge for want of evidence against them.