RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition is against the judgment upholding the conviction and sentences of the petitioner under S. 25 (1) (a) of the Indian Arms Act, 1959 to one year's R. I. with a fine of Rs. 1,000/- (in default, six month R. I.) as passed by the trial court.

(2.) THE petitioner was prosecuted under Section 25 (1) (a) of the Indian Arms Act, 1959. This case is an off suit of sessions case No. 28/75 in which the petitioner stood convicted u/s. 452 IPC and sentenced to 2 year's R. l. with the fine of Rs. 1,000/ -. Against the aforesaid conviction, S. B. Criminal Appeal No. 948/76 has been filed.

(3.) THE trial court placed reliance upon the evidence of Prabhunarain (PW 4) and convicted the accused by raising presumption under sec. 35 of the Indian Arms Act, sec. 35 reads as under : " 35. Criminal responsibility of persons in occupation of premises in certain cases.- Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone. "