KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision is directed against an order dated 28-7-1966 passed by the learned Additional Sessions Judge, Aligar dismissing the appeal and confirming the order passed by the Sub Divisional Magistrate, Hathras convicting the present Applicant under Section 25(1)(a) of the Arms Act and sentencing him to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs. 100/- or in default of payment of fine to undergo rigorous imprisonment for a further period of three months.

(2.) The prosecution case briefly stated was that on the night between the 30th and 31st of August, 1965 Hira Singh, Sub Inspector (PW 3), being on patrol duty in village Rajpur, heard some whispering sounds coming from behind the house of Niranjan Lal (PW). He immediately gathered some witnesses of the locality including Niranjan Lal (PW) and flashed his electric torch in the direction from which the whispering sounds had come. He noticed that five persons were sitting behind the house of Niranjan Lal. They were challenged and apprehended. On a search of the present Applicant a country made pistol and two live cartridges were recovered in the presence of witnesses (including Niranjan Lal). The articles were sealed in the presence of the witnesses.

(3.) I have heard the Learned Counsel for the Applicant. There is no infirmity in the prosecution case and there could be no reason why the testimony of the prosecution witnesses, which has been accepted by the two courts below, should not be relied on.