RAJENDRA ALIAS RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 25.8.99 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar whereby he dismissed the appeal of the petitioner preferred against the judgment and sentence dated 24.3.99 passed by Judicial Magistrate, Sadulshahar in Cr. Case No. 26/98 convicting the petitioner under Sec. 3 read with 25 Arms Act and sentenced him to one year rigorous imprisonment and a fine of Rs. 500.00; in default to further undergo three months simple imprisonment.

(2.) The learned counsel for the petitioner has argued only about the quantum of sentence. He has not advanced any argument on the merits of the conviction of the petitioner. It is, therefore, not necessary to narrate the facts of the case. I have also perused the statements of Gurmail Singh and Raj Singh who have been relied upon by the learned two courts below, to reach the finding of conviction of the petitioner of the offence under Sec. 3 read with 25 Arms Act. I also find the statements of the above witnesses wholly reliable. The learned appellate court has rightly upheld the conviction of the petitioner as stated above.

(3.) The learned courts below have refused to award the benefit of probation to the petitioner on the ground that possession of illegal arms encourages the commission of offences in the society and is a great danger to the security and safety of the people. The learned counsel for the petitioner has argued that it is the first offence against the petitioner. The age of the petitioner is 25 years. He has remained in Jail for one month. It is contended that in view of the above facts and circumstances, the petitioner may be given an opportunity to amend himself and he may be released on probation. The learned Public Prosecutor has opposed the contention on the very same grounds, which have been accepted by the learned two courts below.