KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against judgment of conviction and order of sentence dated 11.11.2009, vide which the present revision-petitioner was convicted by learned Sessions Judge, Bathinda, in Crl. A. No. 31 of 3.6.2009 for offence under Section 25(1)(B) of Arms Act (for short the 'Act') and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for two months, by reversing the judgment of acquittal passed by learned Judicial Magistrate Ist Class, Bathinda.

(2.) Briefly stated the case of the prosecution is that on 18.12.2004, Dhian Singh, Sub Inspector, accompanied by Krishan Kumar, Head Constable; Inderjit Singh, Constable; Bahadur Singh, Constable, was present at Sangat crossing in connection with patrolling when Krishan Kumar, Head Constable, received secret information that accused Karnail Singh son of Gurdial Singh, resident of Village Gehari Bhagi is in the habit of keeping unauthorised arms and if a raid is conducted at his house, arms without licence can be recovered. Hence, ruqa Ex. PA was sent to the police station on the basis of which formal FIR Ex. PA/1 was registered. The raid was conducted at the house of the accused. On 20.12.2004, accused produced .12 bore single barrel gun alongwith two live cartridges of the same bore and a duplicate licence bearing No. 833/P which was renewed upto 5.6.1994. The gun, cartridges and the licence were taken into possession vide recovery memo Ex. PB. As the licence was renewed upto 5.6.1994 only, after completion of necessary formalities challan against him was filed for his trial for offence under Section 25 of the Act.

(3.) Learned trial Court framed charge for offence under Section 25 of the Act against the present revision-petitioner, to which he did not plead guilty and claimed trial.