NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal revision filed by Shri Nachhattar Singh son of Kartar Singh, father of Malkiat Singh deceased and it has been directed against the judgment and order dated 28.10.1998 who convicted Kuldeep Singh, respondent No. 2, under Section 25 of the Arms Act and sentenced him to undergo R.I. for a period of one year and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was ordered to undergo further R.I. for a period of three months.

(2.) BEFORE , we may proceed into the matter, we may also make a mention that vide separate judgment of even date, we have allowed Crl.Appeal No. 516-DB-98 filed by Kuldeep Singh and his co-accused Chand Singh, under Sections 302/34 and 120-B of the Indian Penal Code and both the accused have been acquitted. We have also dismissed the Crl.Revision No. 38 of 1999 vide which it was prayed that S/Shri Kuldeep Singh and Chand Singh be given extreme penalty of death.

(3.) BRIEF facts of the case are that Kuldeep Singh and his cousin Shri Chand Singh, were involved in a murder case FIR No. 204 dated 2.10.1991 under Section 302/120-B IPC, registered in Police-Station, Sunam and in that connection they were wanted by the police. It is the allegation of the prosecution that Kuldeep Singh was arrested on 14.11.1991 in the area of village Jakhepal and at that time he was allegedly found in possession of 12 bore DBBL gun along with 12 live cartridges of the same bore without any licence or permit and thereby he allegedly committed an offence punishable under Section 25 of the Arms Act.