PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Piara Singh was convicted for the offence under Section 27 of the Arms Act, 1959 and was sentenced to undergo 3 years R.I. and to pay a fine of Rs. 1500/- and in default, to undergo a further R.I. for 9 months. Aggrieved by the above judgement of conviction and sentence passed by the trial Court, accused Piara Singh has preferred the present appeal.

(2.) Learned counsel appearing for the appellant vehemently submitted referring to Section 27 of the Arms Act, 1959 that no punishment can be awarded for any misuse of the licenced gun under Section 27 read with Section 5 of the Arms Act, 1959. The Court brought to the notice of learned AAG, Punjab the rider found under Section 5(1)(b) of the Act, namely, "unless he holds in this behalf a licence". He unambiguously admitted the position of law that if a licenced gun was misused, it might have attracted the unamended penal provision under Section 27 of the Arms Act, 1959 but said penal provision is not attracted after an amendment was introduced to Section 27 of said Act by Act 42 of 1988.

(3.) Though the legal position was thus, admitted, let me restate the position of law with some clarity. For the sake of convenience, let me first refer to the extract of the old provision under Section 27 of the Arms Act, 1959 which reads as follows:-