SHIVRAJ SINGH Vs. STATE

JUDGEMENT

(1.) SHIVRAJ Singh has filed this appeal against the order dated 4-4-1973 passed by the Second Temporary Civil and Sessions Judge, Etawah, convicting him under section 25 (1) (a) of the Arms Act and sentencing him to two years' rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that on 1-1-1972 at about 2 A.M. Ramnath (PW 1) who is resident of village Kashipur, came out of his house to make water. He saw two persons standing near his door. When he challenged them, they threatened to kill him if he raised any noise. Ram Nath paid no heed to the threat and raised an alarm which attracted Har Bilas, Sadhau Singh, Bhojraj and Taley Singh on the spot. Seeing these persons coming armed with lathis, both the miscreants ran away towards the east. The villagers gave them chase but one of them fired a shot in the air. The villagers did not abandon the chase and ultimately arrested one of those two persons, who is now the appellant. He was arrested in the field of Mahendra Singh after giving some lathi blows. His companion managed to escape. On a search of his person a country made pistol (Ex. 1) and one live cartridge (Ex. 3) were recovered from his possession. A fired shell of the cartridge (Ex. 2) existed in the barrel of the pistol. In the night the accused was detained outside the house of Ram Nath. After sun-rise, Ram Nath dictated the report to Jant Singh and went to the police station with the accused as well as the articles recovered from his possession. The first information report was lodged at 12-15 P.M. The articles recovered were taken possession of by the police and were placed in a sealed bundle.

(3.) THE prosecution examined five witnesses and the accused also examined two witnesses and filed certain documents. After going through the evidence on the record, the learned trial court believed the prosecution story and convicted and sentenced the appellant as aforesaid.