GURVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition against judgment dated 03.05.2012 passed by learned Additional Sessions Judge, Fatehabad whereby his appeal against judgment of conviction dated 20.10.2009 and order of sentence dated 21.10.2009 passed by learned Judicial Magistrate 1st Class, Fatehabad was dismissed.

(2.) Briefly stated, FIR No.574 dated 21.09.2002 under Section 25 of the Arms Act, 1959 (for short, the Arms Act) was registered against the petitioner-accused at Police Station Sadar Fatehabad with the allegations that on 21.09.2002 at about 10.15 A.M., ASI Ramesh Kumar along with other police officials was present at the bus stop of village Hanspur for crime checking. One Pargat Singh son of Nihal Singh met him and when the ASI was talking to him, a person was seen coming on feet from village Sardulpur side. Noticing the police party, the said person sat on the roadside on the pretext of urination. However, on the basis of suspicion, ASI Ramesh Kumar apprehended him and asked his name and address. His personal search was conducted and a country-made pistol .315 bore along with one live cartridge of the same bore was recovered from his conscious possession. The accused could not produce any licence for keeping the case property in his possession. The pistol and the cartridge were taken in possession vide separate recovery memo. Investigation was conducted. Report under Section 173 Cr.P.C. was prepared and presented in the Court.

(3.) Copy of the Challan was supplied to the accused free of cost as envisaged under Section 207 Cr.P.C. On finding a prima-facie case against the petitioner, charge under Section 25 of the Arms Act was framed against him to which he did not plead guilty and claimed trial.