CHEDDI SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Sessions Judge, dated 24-9-1973, dismissing the appeal preferred by Chhedi Singh (applicant no. 1) ag ainst the conviction under Section 30 of the Arms Act and by Sigdar Singh (applicant no. 2) under Section 25 of the said Act.

(2.) ACCORDING to the case of the prosecution, on 15-3-1972, Dharamvir Singh, Station Officer, P. S. Attarra, district Banda, received information that Sigdar Singh was in possession of an unlawful gun. He along with police witnesses as well as two independent witnesses Ganesh and Mahabir went to the house of Sigdar Singh at 3.30 P.M. and recovered a D.B.B.L. gun from his house. As Sigdar Singh could not show any licence, for the same, he was pro secuted for the offence under Section 25 of the Arms Act. So far as Chhedi Singh is concerned, the charge against him was that he having given his gun to Sigdar Singh was guilty of the offence under Section 30 of the Arms Act. Both the applicants pleaded not guilty. The case of Chhedi Singh was that he had gone to the house of Sigdar Singh and after keeping the gun at his house, he had gone to attend the call of nature and in the meantime the Sub-Inspector came and recovered the gun. The case taken up by both the applicants was that their conviction was bad as they had not committed any offence.

(3.) IN the result, the revision suc ceeds and is allowed. The conviction and sentence of both the applicants are set aside and they are acquitted of the charge. The fine, if paid, shall be re funded to them. Revision allowed.