SIKANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 10.2.2004 passed by the learned Additional Sessions Judge, Panipat vide which the appellant has been held guilty and convicted for the offence punishable under Section 25 of the Arms Act, 1959 (hereinafter referred to as "the Act") and the order of sentence dated 16.2.2004, vide which he has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/-. In default of payment of fine, the appellant was further ordered to undergo rigorous imprisonment for a period of three months.

(2.) As per the prosecution allegations, on 24.12.1998, PW.4 Bhullan Singh, Inspector along with his companion police officials, was present near the bridge of Namunda canal. The appellant was apprehended with the help of the companion police officials. He was having .315 bore pistol in his right hand along with one live cartridge. The Investigating Officer prepared the sketch of the said pistol. The same was taken into possession along with the live cartridge. The accused could not produce any license for keeping the same in his possession. The Investigating Officer sent a ruqa Ex.PC to the police station on the basis of which the present case was registered. On completion of all the formalities of the investigation and after obtaining the sanction for prosecution from the concerned District Magistrate, the report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") was presented in the Court.

(3.) The appellant was charge sheeted for the offence punishable under Section 25 of the Act, to which he pleaded not guilty and claimed trial.