SATDEO Vs. REX

JUDGEMENT

(1.) THIS is an application in revision against an order passed in appeal by the Sessions Judge of Azamgarh dismissing the appeal of the applicants against their conviction by a Magistrate under Section 19 (f), Arms Act and a sentence of 6 months' rigorous imprisonment.

(2.) THE prosecution alleged that a gun and a spear were recovered from the house of the applicants who were own brothers. The gun was lying concealed under a heap of bhusa and the spear, was recovered from underneath a behri (a big earthen vessel for storing grain). The applicants admittedly had no licence to keep arms. The defence was that the alleged arms were not recovered from their house. The prosecution story has been believed by both the Courts below and I see no reason to differ from their conclusions on the facts of the case.

(3.) THE question, however, that has been raised before me is whether, assuming that the prosecution case was true, the two applicants could be convicted. It is admitted that the house belonged to the two accused. It is, however, contended that any one of them might have concealed the arms and the other may be innocent; and since it cannot be ascertained who actually concealed the arms, none can be convicted. I think this contention has force.