GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence imposed by the learned Additional Sessions Judge, Hisar in Sessions Case No. 49 of 13.11.1995 (Sessions Trial No. 88 of 1995).

(2.) The accused-appellant was prosecuted for the offence under Section 25 of the Arms Act for being in possession of one .12 bore pistol alongwith a loaded cartridge and live cartridges. He was also prosecuted for the offence under Sections 399 and 402 IPC. According to the prosecution, the police received a secret information that the accused-appellant and six others were making preparation to commit a docoity. On receiving the information, a raiding party raided the house where the accused-appellant and others were staying on apprehending them, the police recovered one .12 bore pistol alongwith a loaded cartridge and 3 live cartridges from the possession of the accused. Therefore, the accused was prosecuted for the offence under Section 25 Arms Act.

(3.) The learned Additional Sessions Judge, framed a charge against the accused for the aforesaid offence. In order to prove the guilt of the accused, the prosecution examined three witnesses and on a consideration of the evidence on record, the learned Additional Sessions Judge convicted the accused for the offence under Section 25 of the Arms Act and sentenced him to undergo a rigorous imprisonment for a period of one year. Hence this appeal.