GOPI Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) These two appeals, one filed by the accused Ramphool from jail and the other represented appeal filed by the accused Gopi have been directed against the judgment dated Dec. 4, 1974 of the learned Additional Sessions Judge, Gangapur City whereby he convicted the accused Ramphool under sections 25 and 27 of the Arms Act and sentenced him to rigorous imprisonment for a period of 2 years under section 25 of the Arms Act and for a period of three years and a fine of Rs. 400.00 under 5.27 of the Arms Act, in default of the payment of which he was ordered to suffer further rigorous imprisonment for a period of three months. Both the substantive sentences were ordered to run concurrently. The accused Gopi was found guilty of the offence punishable under sections 27 and 30 of the Arms Act and was sentenced to rigorous imprisonment for a period of three months and a fine of Rs. 200.00, on each count. In default of the payment of fine he was ordered to suffer rigorous imprisonment for one month on each Count. However, the two other accused Ram Singh and Kalyan, tried along with the above mentioned two convicted accused were acquitted of all the charges framed against them.

(2.) Prior to April 25, 1973 accused Ramphool was an outlaw required in five criminal cognizable cases, pending against him, the first information reports of these cases are Ex. P. 1 to Ex. P. 5, on the record.

(3.) On the intervening night of 25th and 26th April, 1973 at 8 p.m. he had an encounter with the police party in the forest of Chuli. In the course of the encounter accused Ramphool fired a pistol Ex. Aattbe police party. At that time accused Ram Singh and Kalyan (acquitted by the trial court) were also with him. In response to the fire made by Ramphool the police party also fired in self-defence, whereupon the accused Ramphool threw away the pistol and jumped into hie well. Ramphool was arrested the pistol and the empty cartridges were recovered. The first information report Ex. P. 15 of this occurrence was lodged at the Police Station, Gangapur City and case No. 63 of 1973 Was registered against the accused Ramphool under section 3/27 of the Arms Act. During the course of investigation accused Ramphool expressed his desire to get a 12 bore gun recovered at his instance from the place of its hiding. The information memo is Ex. P. 10. In consequence of this information gun No. 238/TR. USA was recovered from the forest of Tajpur on the pointing of the accused from the place where it was concealed by him. This gun was a licensed gun and the accused Gopi is license holder of this gun. The license of the gun is Ex. 14. Gopi was arrested, and after usual investigation a challan was submitted in the Court of Sub-divisional Magistrate, Gangapur City against the four accused. The learned Sub-divisional Magistrate committed all the four accused to face their trial in the Court of Additional Sessions Judge, Gangapur City. The accused pleaded not guilty to the charge.