SARWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Shri S. K. Mathur, counsel for the appellant and Shri V. S. Choudhary, public prosecutor for the State.

(2.) THIS appeal is directed against the order dated May 10,1990, of the additional Sessions Judge, Nagaur, Directing confiscation of the gun alleged to have been involved in Sessions Case No. 19/89, State Versus Ganesh Singh. There is no dispute that the gun belongs to Sarwan, Singh who was also having a licence for the same. According to the prosecution, this gun was, however, used by Ganesh Singh for which he was convicted and sentenced by the Additional Sessions Judge, by the judgment dated May 10,1990, and a separate appeal filed by Ganesh Singh against the order of conviction and sentence passed against him is pending in this Court. A charge sheet against the present appellant Sarwan Singh was also filed by the police, but he was discharged by the Additional Sessions Judge Nagaur, by the order dated April 5. 1989. While discharging the accused, the Additional Sessions Judge recorded the following findings :- ***********