ARJAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS case has been reported by learned Sessions Judge Bhatinda with the recommendation that the commitment order made by the Committing Magistrate of Arjan Singh accused under S. 25 of the Arms Act be quashed.

(2.) THE brief facts of the case are that Arjan Singh and Shamsher Singh were committed by Magistrate First Calls Bhatinda to the Co of Session to stand their trial under S. 310 Indian Penal Code for causing the death of Gurdial Singh deceased on 31st March 1964. A charge under S. 25 of Arms Act was also framed against Arjan Singh, According to the prosecution allegation of the day of occurrence when Gurdial Singh deceased was standing on a canal bank in the area of village Tungwali, Arjan Singh fired a shot with a gun on Gurdial Singh which hit gurdial Singh on his right chest and arm where after he fell down. Shamsher singh then came forward and gave a gandasa blow to Gurdial Singh. Gurdial Singh died as a result of the injuries recited by him. it is further stated that on 3rd April, 1964, seven cartridges and a gun which had been used by Arjan Singh in the commission of the offence of murder was recovered from him. Arjan Singh had no license for that gun and so he committed an offence under S, 25 of the Arms Act.

(3.) WHEN the case came up for trial the counsel for the accused urged before the learned Sessions Judge that the joint trial of the accused for the offences under section 302 Indian Penal Code and S. 25 of the Arms Act was illegal. The contention prevailed with the learned Sessions Judge who accordingly passed an order wherein it was observed that the committing Magistrate had acted illegally in charging Arjan Singh accused under S. 25 of the arms and committing him for trial along with the other accused under S. 302, Indian Penal Code in the same case. The offence under S, 25 of the Arms act it was further observed was not exclusively triable by the Court of Session and the Magistrate was wrong in Court of Session. Recommendation was therefore made that the commitment of Rajand singh under S. 25 of the arms Act be quashed so that the learned Sessions Judge might be able to proceed with the trial of the two accused under S. 302, Indian penal Code.