JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, herein was the sole-accused in Sessions Case No. 207 of 1990 and was tried for an offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. He was convicted accordingly, under both these Sections by the Learned Sessions Judge, Ferozepur and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and to undergo Rigorous Imprisonment for three years under Section 27 of the Arms Act (apart from the sentence of fine). As against the conviction and sentence passed against him, the petitioner filed Criminal Appeal No. 231-DB-of 1992. A Division Bench of this Court, on a consideration of his appeal, while acquitting him of the charges under Section 302 IPC and under Section 27 of the Indian Arms Act, convicted him for the offence under Section 304 Part I and sentenced him to undergo imprisonment for seven years apart from fine. But admittedly both the Sessions Court and as well as this Court did not pass any order for the disposal of the fire arm used by the petitioner in the commission of the offence.

(2.) The petitioner has therefore, filed this petition for issuing necessary directions to return to him the revolver and the licence therefor. The petitioner contends that inasmuch as he has been acquitted of the charge under Section 302 IPC and under S. 27 of the Arms Act, and in as much as there is no direction by any of the Courts to confiscate the Revolver and the licence, he is entitled to the return of the same.

(3.) The respondent-State has filed a reply opposing this application on the ground that the Revolver in question was used by the Petitioner-herein in the commission of an offence for which he has also been convicted and sentenced under Section 304 Part I of the Indian Penal Code for causing the death of a person. The respondent-State contends that the Revolver may be ordered to be confiscated.