KUSHAL DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant revision petition has been filed by the petitioner Kushal Das S/o. Kasu Ram, resident of Dhanoor Tehsil Sri Karanpur, District Sri Ganganagar under Section 397 read with Section 401 Cr.P.C. against the judgment dt 9.10.1996 passed by the Addl. Sessions Judge No. 1, Sri Ganganagar camp at Sri Karanpur in Cr. Appeal No. 63/92 whereby the learned trial Court dismissed the appeal of the petitioner and upheld the judgment dt. 20.11.1992 passed by the Chief Judicial Magistrate, Sri Ganganagar in Cr. Case No. 458/86 whereby the petitioner was convicted for offence under Section 25 of the Arms Act and sentence was passed for 3 years SI. Brief facts of the case are that an F.I.R. was registered against the petitioner on 24.8.1986 by the SHO Ramphal Sharma Police Station Keshrisinghpur in which it was alleged that he alongwith patrolling party went for regular search and at about 7.30 p.m. near bus stand of 8V Near Keshrisinghpur when patrolling party reached there, they saw one person who was coming from opposite side and when he saw the police party he ran away from the place. Thus, a doubt was created, therefore, accused was stopped and upon search one 32 bore pistol was recovered from him for which there was no license found in favour of the petitioner. The petitioner was arrested and after investigation challan was filed, but ultimately petitioner was convicted for holding 32 bore pistol in his possession without license, which is punishable under Section 25 of the Arms Act and the learned trial Court passed the sentence against the petitioner for 3 years SI vide judgment dt. 20.11.1992.

(2.) IN appeal filed by the petitioner the appellate Court maintained the conviction as well as punishment against which this revision petition has been filed.

(3.) IT is also submitted that there is no evidence on record to prove the fact that previously the petitioner was convicted and faced any trial, therefore, the petitioner may be granted benefit of aforesaid Sections.