ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this application filed under Section 482 of Cr.P.C., the applicant Anil Kumar has impugned the order dated 6th September, 2007 passed by learned Additional Session Judge, Dholpur, whereby the application with regard to release of 12 bore double barrel gun on Supurdginama was dismissed.

(2.) Heard learned counsel for the parties and perused the impugned order including other material available on record.

(3.) Learned counsel for the applicant canvassed that in a Session Case No. 98/1989, the accused persons namely Geetam Singh and Rajpal Singh were convicted for the offences under Sections 324 and 323 of IPC but rest of the accused persons namely Sardar Singh, Ranveer, Balveer and Bijendra were acquitted for the offences under Sections 147, 307, 323 read with Section 149 and 307 read with Section 149 of IPC. During investigation, one 12 bore double barrel gun was recovered by the police which belonged to accused Sardar Singh. The accused Sardar Singh is said to have expired in the year 1995, in proof whereof death certificate has been filed in the Court. The applicant Anil Kumar happens to be the son of Geetam Singh and grand-son of Sardar Singh, who has expired. The license of the 12 bore double barrel gun was in the name of Sardar Singh when the same was seized by police during investigation of this case but after expiry of Sardar Singh, the applicant Anil Kumar got his name transferred in place of Sardar Singh. Learned counsel for the applicant has filed a photo-stat copy of the original license, which is available on record as Annexure-3. This 12 bore double barrel gun is now no more required for the purpose of trial and the same has been lying in Maalkhana of the court. Learned Additional Session Judge, Dholpur dismissed his application filed for obtaining this gun on Supurdginama on the ground that appeal had been pending against the judgment dated 23rd November, 1993 in the High Court.