BHIM DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of learned Sessions Judge, Balotra Camp at Barmer dated 9.3.1984 whereby the order passed by learned Munsif and Judicial Magistrate dated 21.10.1981 was confirmed by which the petitioner has been convicted u/s. 25 of the Arms Act and has been sentenced to one year R.I. with a fine of Rs.200/ and in default of payment of fine to undergo further one months R.I.

(2.) The prosecution case in brief is that on 19.10.1977, Mangilal, Head Constable informed Circle Inspector P.S. Shiv that while he was working at Police Chowki Miyad on 19.10.1977 one Dau lodged a report that when his camel was grazing grass, Idan tried to steal camel but he was caught. It was also alleged that Idan asked Bhimdan to fire but Bhimdan could not fire as he was beaten by him. On this report police reached the place of incident and recovered one gun along with six cartridges. A case u/s. 7/25 of the Arms Act was registered against the petitioner and he was arrested. After due investigation, police filed a challan against the petitioner before the learned Magistrate. The learned Magistrate after conclusion of the trial, convicted-and sentenced the petitioner. Against this order the petitioner filed an appeal but the same was dismissed as stated above. Hence this revision.

(3.) Mr. Doongar Singh, learned counsel for the petitioner has submitted that in the main complaint lodged by the informant Dau final report has been filed and the proceedings have been dropped, so on that basis the petitioner cannot be convicted. He has also submitted that the incident is of 19.10.1977 and the gun was recovered on 20.10.1977 but the petitioner was arrested on 22.11.1977, this delay has not been explained by the prosecution, so the petitioner cannot be convicted.