RAM CHANDER Vs. REX

JUDGEMENT

(1.) THIS in an appeal from a judgment of the Sessions Judge of Agra convicting the appellant urder Section 20. Arms Act and sentencing him to rigorous imprisonment for two years.

(2.) THE appellant arrived at Agra Cantonment Railway Station by train on 26.6.1948 at about 3 P. M. Two Excise peons, Sughar Singh and Tilak Singh were on duty at the station checking suspicious luggage of passengers. Sughar Singh noticed the appellant with a band bag walking through the crowds. His suspicion was excited and be stopped him on the platform and asked him what the bag contained. It was a canvass bag and locked. The appellant stated at first that there was nothing in it and later that there was a pistol or something dangerous in it. Sughar Singh asked for the key which he refused to give at first. He was threatered and then he took out a ring containing two keys, one of which opened the lock. Inside the bag there was a pistol. The appellant could produce no licence. Sugbar Singh prepared a search list in the presence of Panchia coolie and Raja Ram bearer of the refreshments room and then took the appellant together with the bag and the pistol to the railway police station where at about 4 P. M. he made report about the matter.

(3.) THE appellant pleading not guilty denied that the bag or the pistol was in his possession. He admitted having arrived at Agra by train and having been arrested at the station. He stated that he arrived there from Gwalior, handed over the ticket and passed out through the gate when Sughar Singh called him and took him to the police station and that he (Sughar Singh) had a bag in his hand and made a report that the bag was in his (appellant's) possession. He denied that any key was recovered from his possession, or that he was arrested on the platform. He admitted that be held no license for a pistol.