PARAMVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Paramvir Singh has filed this criminal revision against the order dated 9-5-2006, passed by Additional Sessions Judge, Rupnagar, whereby charge under Section 29 of the Arms Act has been framed against him.

(2.) I have heard counsel for the parties and gone through the contents of the petition as well as the impugned order.

(3.) Two different challans were filed against the petitioner, one under Sections 302, 420, 465 IPC and the other under Section 25 of the Arms Act. Challan under Section 25 of the Arms Act filed was an off shoot of the main case. Both the challans were ordered to be consolidated. In the main case, charges were framed against accused Himmat Singh and Neki Nalwa under Sections 302, 120-B, 465, 468, IPC and against the petitioner under Section 29 of the Arms Act. The petitioner was possessing a pistol and 20 cartridges of .32 bore, but only 12 cartridges were recovered from his possession and two cartridges are stated to have been used by him, but he could not explain the deficiency of 6 cartridges of 32 bore. As per the FSL report, one 7.65 mm K.F. cartridge was used in the pistol by main accused Himmat Singh and it has come during investigation that accused Himmat Singh had taken six cartridges from the petitioner, out of which he used one in the commission of crime in the main case and five were used in a marriage palace at Dera Bassi. The District Magistrate has also granted sanction to prosecute the petitioner for the offence under the Arms Act. On the basis of this evidence, charge under Section 29 of the Arms Act has been framed against the petitioner.