GAFFAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J This appeal from jail has been filed by the sole accused appellant Gaffar against judgment dated 30-4- 2002 passed by Vth Additional Sessions Judge, Bijnor in Sessions Trial Nos. 326 of 1999, 327 of 1999 and 328 of 1999 (tried together) whereby he has been convicted under Section 302 I. P. C. with sentence of life imprisonment; under Section 25 of Indian Arms Act with the sentence of two years' rigorous imprisonment and payment of fine of Rs. 1,000/ -. In default of payment of fine, he has been sentenced to undergo further rigorous imprisonment for three months. He has also been convicted under Section 4/25 of Indian Arms Act with sentence of one year's rigorous imprisonment and fine of Rs. 500/ -. In default of payment of fine, one month's further rigorous imprisonment has been awarded. All the sentences have been ordered to run concurrently.

(2.) SINCE the accused appellant had no pairokar or the Counsel, this Court appointed Sri D. R. Chaudhary as amicus curiae to argue out the appeal on his behalf. We have heard him as also Miss Usha Kiran, learned A. G. A. for the State.

(3.) ON the lodging of the F. I. R. , a chik was prepared by Sukhbir Singh PW 4. The accused alongwith pistol and chapar had also been taken to the police station and deposited there. The weapons of offence (countrymade pistol and chapar) were sealed at the police station and then kept in Malkhana.