SIPAHI LAL Vs. STATE

JUDGEMENT

(1.) SIPAHI Lal, applicant, was convicted under Section 25 of the Arms Act and was sentenced to one year's R. I. He preferred an appeal which was dismissed by the learned Additional Sessions Judge. Hence this revision.

(2.) THE prosecution case was that on 22-6-1972 at about 7.30 a. m. Sipahi Lal applicant and one Sant Lal were arrested by A. S. I. Ram Murti Misra. Upon a search a country made pistol Ex. 1, and two cartridges Ex. 2 and 3, were recovered from the possession of the applicant while two cartridges were recovered from the possession of Sant Lal. Both these persons were said to have been arrested and searched in presence of two witnesses of the public, namely, Ram Charan and Budhu. Both, the applicant as well as Sant Lal, were accordingly challaned under Section 25 of the Arms Act. It may be noted that separate cases were registered against the applicant and Sant Lal and they were prosecuted in separate cases and both the applicant and Sant Lal were convicted by the learned Magistrate. Both of them appealed and the appeals of both of them were heard on the same day by the same learned Addl. Sessions Judge namely, Sri A. B. Srivastava. THE learned Addl. Sessions Judge dismissed the applicant's appeal and maintained his conviction and sentence. He, however, allowed the appeal of Sant Lal observing as follows :