SANJEEV KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT hereinafter referred to as the "accused" was chargesheeted and tried for the offences punishable under Section 307 Indian Penal Code and Sections 25 and 27 of the Indian Arms Act. At the end of the trial, he was acquitted for attempted murder and also under Section 27 of the Indian Arms Act but convicted for the offence punishable under Section 25 Indian Arms Act and sentenced by the learned trial Court to undergo an imprisonment for a period of one year and to pay a fine of `2000/-. Hence the present appeal by the accused.

(2.) AFTER recording statements of the witnesses, and completing investigation, the challan was presented in the court for the trial of the accused and on receipt of the report of the forensic science examination, supplementary challan was filed.

(3.) DURING the investigation, police also verified about the authenticity of the license from the office of District Magistrate, Amritsar, the issuing authority and recorded the statement of PW8 Vikas Sharma, Clerk of the Office of District Magistrate. According to him, licence in question was issued by their office only for `Punjab State' with respect to one 12 bore DBBL gun and .32 bore pistol in favour of the accused. He also placed on record photocopy of the licence Ext. PW8/A. Since the weapon in question was recovered from the accused within the territory of District Hamirpur (H.P) as such police obtained prosecution sanction Ext.PW9/A from PW9 Divesh Kumar, District Magistrate.