STATE Vs. RAMKISHAN

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of Ramkishan of an offence under sec. 19 (f) of the Arms Act.

(2.) THE facts of the case are not in dispute. THE accused is the proprietor of Grand Hotel, Jodhpur. One Mahendra Singh came and stayed at that Hotel. When he was leaving, he was short of money and could not pay the bill that he had run up at the Hotel. Consequently Mahendra Singh left his pistol with the accused, and executed a document, Ex. p-3 by which he pledged this pistol as a security for the sum of Rs. 300/7/- which he owed to the Grand Hotel. He agreed that the money would be paid within a fortnight together with interest. It was also agreed that if the money was not paid within the time-limit, the Hotel would have the right to recover the amount by selling the pistol. On the 23rd of March, 1952, the pistol was recovered from the possession of the accused by the police on the basis of some information received from Bombay. THEreafter, the accused was prosecuted under sec. 19 (f) of the Arms Act. He admitted these facts, but his case was that he was not guilty within the meaning of that section.