BRIJLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Brijlal was convicted and sentenced for the offence under Section 307, I. P. C. by the Assistant Sessions Judge, Hanumangarh on 17-9-73 for the charge of causing injuries with a gun to complainant Dayaram. In appeal the conviction for that offence was maintained but the sentence of 2v2 years' R. I. was reduced to two years' R. I. The petitioner then preferred revision petition in this Court. By the judgment dt. 22-12-81, this Court partly allowed the revision petition and altered the conviction from Section 307, I. P. C to one under Section 324, I. P. C. and sentenced the petitioner to the period he had remained in custody, along with sentence of fine.

(2.) DURING the course of investigation, a gun was recovered from the petitioner and the same was ordered to be confiscated by the trial Court at the conclusion of the trial. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of Cr. P. C. challenging the order of confiscation of the gun recovered from him during the course of investigation. Notice at the admission stage was issued to the State. Dr. S. S. Bhandawat, Public Prosecutor, has put in appearance on behalf of the State.

(3.) I heard Mr. D, K. Purohit, learned Counsel for the petitioner and Dr. S. S. Bhandawat, learned, Public Prosecutor for the State.