JAGJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been preferred by accused petitioner Jagjeet Singh against the order of his conviction and sentence.

(2.) Briefly stated, on 18-8-1987 C. I. Richhpal Singh of Sriganganagar received a secret information from mukhbir that a person was carrying unlicensed pistol and was going towards D.A.V. School. On the basis of this information the said C.I. alongwith other police officials went there. Petitioner Jagjeet Singh, after seeing the police personnel, started running but he was apprehended and was searched. He was found in possession of a 32 bore pistol without licence which was taken in possession. First information report was lodged and after investigation challan was submitted against the petitioner. When the charge was read over the petitioner he denied the same and claimed trial. Then the prosecution examined as many as five witnesses. Accused petitioner was examined under Section 313, Cr. P.C. He did not produce any witness in defence. After hearing both the parties learned Chief Judicial Magistrate vide judgment dated 23-12-1989 convicted the accused petitioner for offence under Section 3/25 of Arms Act and sentenced him to one year's rigorous imprisonment with a fine of Rs. 200/- and in default to undergo one month's simple imprisonment. An appeal was preferred against the judgment which was decided on 7-7-1990 by learned Additional Sessions Judge No. 2, Sriganganagar who maintained the conviction and sentence.

(3.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor.