LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this criminal appeal is to the judgment of conviction and order of sentence dated 17.03.2001, whereby the appellant was held guilty for the offence punishable under Section 30 of the Arms Act, 1959, (hereinafter to be referred as the 'Act') and ordered to undergo rigorous imprisonment for five months, besides payment of fine of Rs. 500/ - and in default thereof to undergo further rigorous imprisonment for two months.

(2.) AT the very outset, learned counsel for the appellant submits that in view of the material available on record, he does not propose to challenge the conviction of the appellant, however, he being the first offender, is entitled to concession with regard to the quantum of sentence. Though the counsel for the appellant has proposed not to challenge the conviction of the appellant, but to satisfy the conscience of this Court, the material available on record has been reappraised.

(3.) THE brief facts of the case are that on 06.08.1995, ASI Vakeel Singh was heading a police party and he saw that four persons including the appellant were coming from the side of village Dala. On suspicion, ASI Vakeel Singh (PW2) directed them to stop and wanted to effect search of their persons. In the meantime, two out of the four persons slipped away by taking a 'U' turn. ASI Vakeel Singh (PW2) apprehended Gurpreet Singh son of Lal Singh (appellant) and a .12 bore gun bearing No.3580, made in England, was recovered from his possession. On unloading the same, two cartridges of .12 bore from the gun and two more cartridges of the same bore from the pocket of the pants worn by Gurpreet Singh were also recovered. The gun and the cartridges were taken into possession vide recovery memo Ex.PB. Rough site plan, Ex.P4, of the place of recovery was prepared. Gurpreet Singh was arrested. Licence of the gun, Ex.P1, was produced by Gurpreet Singh, which was also taken in police possession vide memo Ex.P5, which was attested by ASI Surajpal Singh (PW4). The Investigating Office came to know that the gun recovered from Gurpreet Singh was in the name of his father, Lal Singh (appellant), therefore, the appellant was booked for violation of the provisions of the Act. The investigation was carried out and thereafter the charge -sheet (report under Section 173, Cr.P.C.) was presented before learned Area Judicial Magistrate. The case was committed to the Court of Session, to be tried along with the case of Gurpreet Singh, who was booked for having committed the offence punishable under Section 307, IPC. Learned Additional Sessions Judge framed the charge under Section 30 of the Act against the appellant, to which he (appellant) pleaded not guilty and claimed trial.