STATE OF HARYANA Vs. BHARTU

JUDGEMENT

(1.) STATE of Haryana has filed the present appeal and it has been directed against the judgment dated 1.10.1991 passed by the Court of Sessions Judge, Hisar, who acquitted Bhartu and his co-accused Kundan Singh of the charges under Sections 25 and 29 of the Indian Arms Act.

(2.) VIDE order dated 18th March, 1991, the learned Magistrate committed the case to the Court of Sessions in order to face trial under Sections 25/29 of the Arms Act, being the connected case of F.I.R. No. 180 dated 28.12.1990 under Section 302 of the Indian Penal Code registered at Police Station Bhuna.

(3.) THE copies of the documents were given to the accused and vide order dated 28th March, 1991, both the accused were committed to the Court of Session. As per the case of the prosecution that the gun recovered at the instance of Bhartu was used for the commission of the offence under Section 302 of the Indian Penal. Charge under Section 25 of the Arms Act was framed against Bhartu and charge under Section 29 of the Arms Act was framed against Kundan Singh. The charges were read over and explained to them to which they pleaded not guilty and claimed trial.