SOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by petitioner Sohan Lal against the judgment dated May 10, 1982 passed by the Additional Sessions Judge, Raisinghnagar whereby the Additional Sessions Judge dismissed the appeal filed by the petitioner against the judgment and order dated June 17, 1980 passed by the Munsif and Judicial Magistrate, Raisinghnagar in criminal case No. 366/75. By the order aforesaid the Judicial Magistrate convicted the petitioner for the offence under section 25 (1) (a) of the Arms Act and has sentenced him to rigorous imprisonment for the period of one year.

(2.) THE case of the prosecution is that during the course of investigation of a criminal case, one Salam informed the S. H. O. police station Anupgarh on January 24, 1975 that he had brought six revolvers from Pakistan and sold the same to the petitioner and similarly he had sold ten revolvers to one Anirudh and he could get the same recovered from those persons. On the basis of the aforesaid information, police officers started a search for the petitioner and on January 26,1975 the petitioner was found coming with a bag near the railway station Anupgarh on the Anupgarh Binjore road. Petitioner was stopped and the bag in his possession was searched as a result of the aforesaid search 6 revolvers of 32 bore were found in possession of the petitioner. Since the petitioner did not possess any licence for the aforesaid revolvers, he was arrested and the revolvers were taken in their possession by the police. THEreafter a case under Section 25 (1) (a) was registered against the petitioner at police station Anupgarh and after investigation and obtaining the sanction of the District Magistrate, challan was submitted against the petitioner in the court of Judicial Magistrate, Raisinghnagar. After trial the Judicial Magistrate by his judgment dated June 17, 1980 convicted the petitioner of the offence under section 25 (1) (a) and the said conviction and sentence was affirmed in appeal by the Additional Sessions Judge.

(3.) IN the result the revision petition is partly allowed and while upholding the conviction of the petitioner under section 25 (1) (a) of the Arms Act, the sentence of the petitioner is reduced and he is sentenced to the period of imprisonment already undergone by him. The petitioner is at present confined in judicial lockup Raisinghnagar. He may be released forthwith, if he is not required in any other case. .