LIYAKAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition is filed against the order dated 14.10.2003 passed by the Additional Sessions Judge, Fast Track, Bikaner framing the additional charge against the petitioners-Liyakat Shah, Arshad Shah, Latif Shah and Aslam Shah for offence under Section 27 of the Arms Act.

(2.) The petitioners are facing trial for offence under sections 147, 148, 302 or 302/149 IPC r/w Section 3/25 of the Arms Act. An application was filed on behalf of the prosecution for framing additional charge under Section 27 of the Arms Act. It was contended that the material on record shows that the accused-petitioners were armed with fired arms (pistol) and they also shot fire on Hashan Shah which resulted in his death. The learned Judge accepted the contention and passed the impugned order.

(3.) I have heard counsel for the petitioners and perused the record. There is a specific allegation that Amin Shah fired the pistol, hitting deceased-Hasan Shah on his belly. As a result of the fire armed injury Hashan Shah died. There are no other injuries on his body. The pistol has not been recovered from any of the accused-petitioners. In these circumstances there was absolutely no necessity of framing an additional charge of Section 27 of the Arms Act and to delay the trial.