STATE Vs. FULCHAND

JUDGEMENT

(1.) THIS is an appeal against acquittal of one Phoolchand S/o Mishrilal Lohar, filed by the state.

(2.) ON 24-6-1953 one single barrel, 12 bore gun No. A-283971 was recovered from the possession of the respondent and it was found that he had no license for it. He was therefore prosecuted under S-19 (f), Arms Act, before the Sub-Divisional Magistrate, Dharampuri. At the conclusion of the trial the learned Magistrate acquitted the accused. The State has therefore preferred this appeal to the High Court.

(3.) THE respondent's main contention before the trial Court was that he held a license for the said gun but in the license which was issued to him the number and description of the gun had been wrongly mentioned. The learned Magistrate overruled this contention but acquitted the accused because in his opinion there was no proper sanction as required by Section 29, Arms Act, for the prosecution of the accused respondent.