STATE OF PUNJAB Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment of acquittal dated February 27, 1976, passed by the learned Chief Judicial Magistrate, Kapurthala, whereby she acquitted the Respondent of an offence under Section 25 of the Arms Act.

(2.) THE brief facts of the case are that on November 10, 1974 Sub -Inspector Rajinder Singh P.W. 2 formed a raiding party which consisted of Excise Inspector Satpal Singh P.W. 1 and some others. This party was returning from Sultanpur to Kapurthala in a Government vehicle. When it reached near the 'Bin Bridge', the Respondent in the company of one Malook Singh was seen coming from the side of Kapurthala. On seeking the police party coming in the vehicle, the two of them tried to make a detour when they were apprehended on suspicion. Personal search of the Respondent was made who was found to be in possession of pistol Ex. P. 1 and two live cartridges of .12 bore. These articles were taken into possession by Rajinder Singh Sub -Inspector P.W. 2, - -vide recovery |Memo. Ex. PB. The Investigating Officer sent a ruqa Ex. PC on the basis of which formal first information report Ex. PC/1 was recorded at police station, Kotwali Kapurthala.

(3.) WITH utmost respect to the learned Judge who decided Guljar Singh's case (supra) we are unable to endorse the reasoning adopted by him. Section 2 (1) (c) of the Arms Act defines the term 'arms' as under: