GURJIT SINGH ALIAS MAKHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 16.11.2015 passed by learned Additional Sessions Judge, Sangrur whereby his appeal against judgment of conviction and order of sentence dated 2.5.2015 passed by learned Sub Divisional Judicial Magistrate, Sunam in case FIR No.52 dated 3.7.2011 under Section 25 of the Arms Act, 1959 (for short, the Act) registered at Police Station Sadar Sunam, District Sangrur, was dismissed.

(2.) Vide judgment dated 2.5.2015, learned Magistrate held the petitioner guilty under Section 25 of the Act and convicted him for the said offence. Vide separate order, he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/ - and in default of payment thereof, to further undergo rigorous imprisonment for one month.

(3.) Briefly stated, case of the prosecution is that on 3.7.2011, the police party headed by Constable Basant Singh was on patrolling duty from village Kular Khurd to Chathe Nakte in a private vehicle. At about 4.30 PM when they reached near power house outside village Kular Khurd, the petitioner -accused was noticed coming from the opposite side. On seeing the police party, he got scared and tried to recede back. He was apprehended by the police party on the basis of suspicion. On questioning, he disclosed his name as Gurjit Singh alias Makhan. During his personal search, one .315 bore country -made pistol was recovered from the right pocket of his jeans/trousers. The pistol was unloaded and one live cartridge of .315 bore was recovered from it. Another live cartridge of .315 bore was recovered from the left pocket of jeans/trousers of the accused.