IRFAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants seek setting aside of the judgment of the learned Additional Sessions Judge, Panipat, dated 08.10.2003 and order dated 10.10.2003, holding them guilty of the offence punishable under Section 25 of Arms Act and thereafter, sentencing them to rigorous imprisonment for a period of 4 years each, as also imposing a fine of Rs. 5,000/ - each, in default of payment of which, the defaulter shall undergo further rigorous imprisonment of three months.

(2.) CRIMINAL proceedings were initiated on a complaint filed by one Amjad. On 03.03.1998, SI/SHO Krishan Pal, alongwith other police officials, was present at Shiv Mandir Chowk, Madlauda, where complainant Amjad met him and got recorded his statement to the effect that Disha son of Shunda @ Mangta and Anish son of Majid, belong to his village Tanda, and were dealing in sale and purchase of cattle.

(3.) ON conclusion of the trial, the learned Additional Sessions Judge, Panipat, not having found the charge under Section 302 IPC to have been proved, had acquitted the appellants of the said charge, but had found them guilty of the charge framed under the Arms Act and had sentenced them, as shown earlier. (No order could be found, though, charging appellant No. 2 of having committed an offence under Section 302. However, nothing is being said on that, because there is no challenge to the acquittal, or any order, relating to that offence).