STATE Vs. BISHNA

JUDGEMENT

(1.) This is an appeal by the State from the judgment of the Munsiff -Magistrate, Malpura, dated the 5th of November, 1960, acquitting the accused Bishna of an offence under Sec. 19 (f) of the Indian Arms Act.

(2.) The prosecution case was that on 13th of March, 1959, accused Bishna gave information to the police that one Nanuda, who was wanted in some cases of dacoity, had left with him a few articles of clothing in a bag, along with some .12 bore cartridges, which he had kept hidden and which he could get recovered. Accordingly, the accused led the police and got 34 live cartridges of .12 bore recovered from his hut in his field in village Sans. He was therefore prosecuted for an offence under Sec. 19 (f) of the Indian Arms Act for keeping live cartridges in his possession without a licence. The learned Munsiff -Magistrate placing reliance on a decision of this Court in State Vs. Ramkishan (1), held that no offence under Sec. 19 (f) was made out for the reason that only a limited possession of the cartridges was given by Nanuda to the accused and so, in the eye of law, the possession would be deemed to be that of Nanuda and not of the accused. In this view, the learned Munsiff -Magistrate recorded an order of acquittal. It has been urged for the State that the learned Magistrate v as in error in treating the possession of the unlicensed ammunition to be that of Nanuda and not of the accused.

(3.) In State Vs. Ram Kishan (1) the following observations were made by this Court - -