JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition directed by the accused-petitioner against the judgment dated 5.1.2013 passed by Sh. Kuldip Singh, Sessions Judge, Fatehgarh Sahib, vide which the appeal preferred by the petitioner against the judgment and order dated 10.9.2012 passed by Sh. Amanpreet Singh, Judicial Magistrate Ist Class, Fatehgarh Sahib, vide which the petitioner has been convicted under Section 25 of the Arms Act, was dismissed.

(2.) Briefly stated, SHO Police Station Fatehgarh Sahib sent the petitioner to face trial for offence under Section 25 of the Arms Act.

(3.) As per the case of the prosecution, on 13.8.2010 Head Constable Avtar Singh alongwith other police officials laid a nakabandi near Joyti Sarup Mour, Fatehgarh Sahib and were checking the vehicles. At about 12.15 A.M. a car bearing registration No. DL- 3-CY-0639 make Skoda silver colour came from the side of village Chunni and Head Constable Avtar Singh stopped the said car. However, driver of the car tried to run away from the spot, but he was apprehended by the police party and on asking he disclosed his name as Jagdeep Singh @ Neetu s/o Bant Singh r/o village Lasoi, Police Station Ahmedgarh, District Sangrur. During his search, a .315 bore pistol was recovered from his dub. The pistol was checked and a live cartridge was recovered from the barrel of the pistol. The pistol was unloaded and the same was got checked. After investigation, challan was presented against the accused after supplying the documents under Section 207 Cr.P.C. Charge under Section 25 of the Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.