JAGDAMBA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Jagdamba Singh has preferred this appeal against the order dated 9-10-1998 of the Sessions Judge, Faizabad passed in Criminal Misc. Case No. 163/98. By means of the im pugned order the learned Sessions Judge rejected the application of the appellant for release of his gun.

(2.) IT appears that in connection with the murder of one Rajnath Singh the licensed gun of the appellant was seized and Sasdeo Singh and Bhanu Pratap Singh were tried for the offence under Section 302/34, I. P. C. for committing the said murder, Basdeo Singh was also prosecuted under Section 25/27 Arms Act. Both Basdeo Singh and Bhanu Pratap Singh were acquitted by the order dated 5-2-1996 of Sri R. D. Shukla, Sessions Judge, Faizabad. However, in the judg ment the learned Sessions Judge observed that if, any appeal is filed the material exhibits shall be disposed of in accordance with the directions of the High Court.

(3.) CONSIDERING the entire facts and circumstances, I am of the view that the gun maybe released to Jagdamba Singh, its licence- holder on the following condi tions: (i) The appellant must possess a valid licence and shall produce the licence before the C. J. M. concerned for examination before release of the gun. (ii) In case after the release of the gun the licence expires and is not renewed or is cancelled or suspended, the appellant shall deposit the gun immediately either with the police of the concerned police station or with any arms dealer for its safe custody. (iii) The appellant shall not sell or other wise transfer the gun to any one during the pendency of Criminal Appeal No. 171 of 1996 and he shall give an undertaking to the C. J. M. Faizabad to the above effect. (iv) Learned C. J. M. Faizabad shall be at liberty to summon the gun from the appellant for examination on his own discretion. The ap pellant shall also give an undertaking to produce the gun before this Court as and when required.