STATE OF HARYANA Vs. FARMAN

JUDGEMENT

(1.) State of Haryana has filed this appeal against respondent- Farman, impugning the judgment of acquittal dated 10.12.2001 passed by learned Additional Sessions Judge, Gurgaon whereby the accusedrespondent has been acquitted of the charge framed under Section 25 of the Arms Act by extending the benefit of doubt.

(2.) The brief facts of the prosecution case are that on 3.7.1999, ASI Dharambir Singh during the course of investigation of a criminal case relating to FIR No.230 of 1997 registered for the offences under Sections 307 and 452 read with Section 34 IPC against the accused-respondent, interrogated him, on which he suffered disclosure statement Ex.PA to the effect that he had kept concealed a country made pistol of 12 bore and an empty of the same bore in a box lying in the southern-western corner of the room of his house and none else had the knowledge about the concealment of the pistol and the cartridge and in pursuance of his disclosure statement, he got recovered the same. Rough sketch Ex.PC of the pistol was prepared. Pistol was taken into Police possession vide recovery memo Ex.PD. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered. After necessary investigation, challan was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused framed charge for the offence under Section 25 of the Arms Act, to which the accused pleaded not guilty and claimed trial.