STATE OF PUNJAB Vs. PUNJAB SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Bhatinda dated 1 -4 -1987, whereby Punjab Singh accused respondent was acquitted of the charge framed against him under Section 25 of the Arms Act, for keeping in his possession 12 bore country made pistol and two live cartridges of the same bore without any valid licence.

(2.) IN brief facts relevant for the disposal of this appeal are that on 3 -8 -1985, ASI Ram Bhagwan along with other police officials were present near Bara Hatta Chowk at Mansa. On the alarm raised by Gamdoor Singh PW, the said police officials including ASI Ram Bhagwan went near the spot and saw Punjab Singh accused along with his two other companions running away from the spot. The police party chased them and was successful in overpowering Punjab Singh accused. The said accused was holding a loaded country made pistol Ex. P -1 in his hand which was recovered from his possession and on reloading one missed cartridge was taken out of the said pistol whereas two other live cartridges were recovered from the Jhola carried by the accused. Since the accused could not produce any valid licence, the pistol as well as cartridges were duly taken into possession through seizure memo - After completion of the investigation and on receipt of the sanction from the District Magistrate, Bhatinda to prosecute the accused, the accused was challaned, tried and acquitted by the trial Court. Aggrieved against the aforesaid order of acquittal the state has filed the present appeal.

(3.) WE have heard the learned counsel for the parties and have carefully perused the record.