PURAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the petitioner has approached this Court assailing the judgment dated 15.6.2002 passed by the learned Addl. Sessions Judge No. 2, Sri Ganganagar Camp Suratgarh in Appeal No. 6/2002 affirming the judgment dated 15.3.2002 passed by learned Addl. Chief Judicial Magistrate, Suratgarh in Cr. Case No. 180/1999 convicting the appellant for the offence under Section 3/25 of the Indian Arms Act and sentencing him to one year S.I. and to pay a fine of Rs. 100/-.

(2.) Learned counsel Mr. Pankaj Gupta, appearing on behalf of Mr. M.K. Garg, for the petitioner at the outset does not challenge the petitioner's conviction as recorded by the trial court and affirmed by the learned Appellate Court. He submits that it was the first offence of the petitioner. Relying upon the Single Bench Judgment of this Court in the case of Darshan Singh v. State of Rajasthan reported in 1995 Cr.L.R. (Raj.) - 208 he contends that only six live cartridges were recovered from the petitioner's possession in the case at hand and thus on the ratio of the above judgment, he deserves to be relased on probation.

(3.) Per contra learned P.R. vehemently opposed the submissions advanced by the petitioner's counsel. However, he too is not in a position to dispute the fact that only six live cartridges were recovered from the petitioner's possession in the case at hand. There is no material to show that the petitioner is a habitual offender of similar offence.