BEANT SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed by Beant Singh (hereinafter described as the petitioner) directed against the judgment and the order of sentence passed by the learned Judicial Magistrate 1st Class, Sirsa dated 10.8.1987 and of the learned Additional Sessions Judge, Sirsa dated 16.7.1988. The learned Trial Court held the petitioner guilty of the offence punishable under Sec. 25 of the Arms Act and sentenced him to undergo rigorous imprisonment for four months and to pay a fine a Rs. 500.00. In default to payment of fine the petitioner was to undergo imprisonment for one month. The appeal preferred by the petitioner was dismissed.

(2.) The facts of the prosecution case are that on 27.9.1982 ASI Paup Singh along with other Police officials was present near the school of village Jagmalera. The petitioner was seen coming from the side of the village. He was intercepted on suspicion. On search one pistol of 3.3 bore was recovered from the dub of Pyjama of the petitioner. A sketch of the same was drawn and it was taken into possession vide a recovery memo Ex.PB. The site plan was drawn and ruqa was sent to the police station, on basis of which formal first information report copy of which is Ex.PC/1 has been recorded. Sanction of the District Magistrate, Sirsa was obtained and report under Sec. 173, Code of Criminal Procedure was filed.

(3.) The learned trial Court had framed the charge against the petitioner for the offence punishable under Sec. 25 of the Arms Act. On appraisal of the prosecution evidence, it was held that the official witnesses were reliable and, therefore, conviction could be based on their testimonies. The plea that the sanction obtained was not valid was also rejected. Accordingly, the above said judgment and the order of sentence were passed. The appeal as already mentioned above was dismissed.