UMA SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned Counsel for the parties and have perused the charge -sheet placed before me along with 173, Cr.P.C. documents, by learned Public Prosecutor. The only offence with which the accused ha8 been charged in this charge -sheet is Section 336, IPC which read as under: 336. Act endangering life or personal safety of others -Who ever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend so three months, or with fine which may extend to two hundred and fifty rupees, or with both.

(2.) A bare perusal of the ingredients of Section 336 IPC makes it abundantly clear that there is no question of confiscation of the gun and in that eventuality it would be futile to keep it in the custody of the court and deprive the petitioner from possessing the same particularly when the prosecution itself did not consider it proper to invoke the provisions of the Arms Act. The only purpose may be for identification by witnesses for which accused who is a licence holder, may be asked to produce the gun before the Court on each and every date of hearing particularly because he hold licence which has been returned to him for the purpose of renewal. Hence, it is directed that on the production of the licence before the Court, then Court shall deliver the custody of the gun along with the cartridges to the petitioner after taking down the number and make, of the gun on his furnishing Security in the sum of Rs. 10,000/ - to the satisfaction of the trial Court. It is made clear that the petitioner shall produce the gun before the Court as and when directed to do so and shall not sale, dispose of or alienate in any manner during the pendency of the case. It is further directed that the accused shall get the licence renewed within one month of the delivery of the possession of the licence falling which it will be open for the prosecution to take suitable action against him as warranted by law.