JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jit Singh appellant, aged 55 years, has been convicted by the Additional Sessions Judge, Ferozepore, under Section 25 of the Arms Act for the possession of a gun without a valid licence and has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default to undergo further rigorous imprisonment for six months. He was, however, acquitted in the main case under Section 307, Indian Penal Code, for murderous assault with this gun on the complainant Jagtar Singh as he found to have acted in self-defence. The charge under Section 27 of the Arms Act against the appellant had also failed for that reason.

(2.) Even though the use of the gun could be justified on the plea of self-defence, the possession of a gun without a licence would be an offence which remains unaffected by any such plea. The justified use of the gun could, however, be taken into consideration on the question of sentence even under this charge. The sentence awarded by the trial Judge may, therefore, appear to be rather heavy. The plea of Shri Amar Dutt, the learned counsel for the appellant, for the reduction of the sentence is, therefore, being accepted by me.

(3.) The evidence about the recovery of the unlicensed gun from the appellant's possession is not being seriously attacked by Shri Amar Datt. The gun had been taken into possession from the appellant during the investigations of the main case for murderous assault. The gun shot injuries on the person of the complainant had corroborated this evidence.