IRAQ KHAN Vs. STATE, THROUGH P.P.

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 16/3/2020 passed by learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar (hereinafter referred to as 'the appellate court') in Criminal Appeal No.16/2020 (CIS No.16/2020) by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 14/2/2020 passed by the learned Additional Chief Metropolitan Magistrate, Suratgarh, District Sri Ganganagar (hereinafter referred to as 'the trial court') in Criminal Case No.590/2008, whereby, the learned trial court convicted the petitioner for offence under Sec. 3/25(1-B)(A) of Arms Act and sentenced him to undergo one year's R.I. and imposed a fine of Rs.1,000.00 and in default of payment of fine, to further undergo one month's R.I.

(2.) Brief facts of the case are that on 24/8/2008, Taresem Ram, ASI, PS Suratgarh Sadar prepared a recovery memo alleging therein that during patrolling, he caught a person, who disclosed his name as Iraq Khan (present petitioner). On search, a country made pistol was recovered from the petitioner without any licence. On the basis of the said recovery, police registered the case against accused-petitioner for offence under Sec. 3/25 of Arms Act and started investigation.

(3.) On completion of investigation, the police filed challan against the accused-petitioner. Thereafter, the charges of the case were framed against the accused-petitioner for offence under Sec. 3/25(1-B)(A) of Arms Act, who denied the charges and claimed trial.