GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and the order of sentence dated 17.03.2001, whereby the appellant was held guilty for the offence punishable under Section 25 of the Arms Act, 1959, and ordered to undergo rigorous imprisonment for three years, besides payment of fine of Rs. 500/ - and in default thereof to undergo further rigorous imprisonment for three months. Learned counsel for the appellant, at the very outset, submits that in view of the clinching evidence available on record, he does not propose to challenge the conviction and sentence of the appellant, however, he submits that the appellant was held guilty for the offences punishable under Section 307 read with Section 34, IPC, in a case arising out of FIR No.32 dated 31.05.1995, under Sections 307 and 459 read with Section 34, IPC, and 27 of the Arms Act, 1959, registered at Police Station, Mehna, District Faridkot, and while deciding his appeal, this Court had reduced the substantive sentence from 7 years to 3 1/2 years, therefore, the substantive sentence of this case be ordered to run concurrently with the sentence awarded in the case arising out of FIR No.32, dated 31.05.1995. He further submits that offences for possessing the fire -arm, the cartridges, and causing injury punishable under Section 307, IPC, were in the same series and, as such, the present case is an off -shoot of the case arising out of FIR No.32 dated 31.05.1995. In support of his contention, learned counsel for the appellant has referred to the provisions of Section 427, Cr.P.C., and has relied upon a Full Bench judgment of this Court in the matter of Jang Singh v. State of Punjab, 2008 1 RCR(Cri) 323.

(2.) LEARNED counsel for the State has not controverted the factual and legal aspects raised by the learned counsel for the appellant. Heard.

(3.) CONCEDEDLY , for possession of the fire -arm, for which the appellant has been convicted and sentenced under Section 25 of the Arms Act, 1959, was used for causing injury to Kamaljit Singh and for the said offence FIR No.32, dated 31.05.1995 under Sections 307 and 459 read with Section 34, IPC, was registered at Police Station, Mehna, Faridkot. The appellant was tried and ultimately sentenced to undergo rigorous imprisonment for seven years, besides payment of fine by learned trial Court. Appellant Gurpreet Singh challenged his conviction and sentence before this Court vide CRA -385 -SB - 2001 (Gurpreet Singh @ Gopi v. State of Punjab), in which his substantive sentence awarded in the said case was modified and he was ordered to undergo rigorous imprisonment for three years and six months, while the order of payment of fine was maintained. The present case is an off -shoot of the case arising out of FIR No.32 dated 31.05.1995.