GOPI NATH Vs. STATE

JUDGEMENT

(1.) This is an application in revision by one Bakshi Gopi Nath against his conviction under Section 19 (f), Arms Act. The trying Magistrate sentenced him to imprisonment till the rising of the Court and a fine of Rs. 50. On appeal the Sessions Judge maintained the conviction but set aside the sentence of imprisonment and reduced the fine to Rs. 5.

(2.) Pending this revision the petitioner has died, but as the revision is from a sentence of fine, it will not abate on the death of the petitioner on the principle applying to appeals under Section 431, Criminal Procedure Code Sita Ram V. Emperor, 1937 AIR(Oudh) 320 and Ramchand V. Emperor, 1940 AIR(Lah) 274

(3.) The prosecution in this case appears to be somewhat strange. The petitioner held a licence for a gun and a pistol which expired on 31.12.1950. He should have got the licence renewed before its expiry, but actually he filed an application for its renewal on 8.1.1951. It has come in evidence that this delay of eight days was due to the petitioner having taken ill. It has also come in evidence, as remarked by the Sessions Judge that there were other similar cases of delay regarding renewal of licences, but that no action was taken in those cases. The present petitioner was, however, singled out and a charge-sheet was submitted against him on 25.4.1951 in respect of the said offence about 3 months after his having applied for renewal of his licence.