NIRMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment dtd. 31/10/2023 passed by the Additional District and Sessions Judge No.1, Sriganganagar, in Sessions Case No.17/2017 (CIS No.52/2016), whereby the appellant was convicted under Sec. 7/25 of the Arms Act and sentenced to undergo seven years of simple imprisonment along with a fine of Rs.10,000.00, and in default of payment of fine, to further undergo an additional three months of simple imprisonment.

(2.) Briefly stated, the facts of the case are that on 3/3/2016, one Sub-Inspector Bhoop Singh of Police Station Kotwali, District Sri Ganganagar, is alleged to have received secret information about a boy in possession of a country-made revolver, who was standing near a pipal tree and Shiv Mandir. Acting on the information, he reached the spot where it was alleged that the appellant was standing. Upon conducting a search, a country-made revolver was found in the right pocket of the appellant's pants. Based on the above, FIR No.99/2016 was registered under Sec. 5/25 of the Arms Act, and the appellant was arrested. After the usual investigation, a charge sheet was filed against the appellant for commission of an offence under Sec. 3/25 of the Arms Act.

(3.) After taking cognizance of the offence, the learned Magistrate heard the parties on the question of framing of charges and thereafter framed charges under Sec. 7 read with Sec. 25 of the Arms Act. It is pertinent to mention that, as per the investigation report, the police were of the opinion that the recovered arm fell under the definition of an offence under Sec. 3 of the Arms Act, which is why the charge sheet was submitted under Sec. 3 read with Sec. 25 of the Act. The basis for invoking Sec. 7 instead of Sec. 3 appears to be a report of the District Magistrate, Sri Ganganagar, which stated that the seized ammunition fell under the prohibited category.