PAPPU ALIAS PAPPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By impugned order learned Additional Sessions Judge confirmed the conviction and sentence of the petitioner under Sec. 3/25 of the Arms Act. Learned Additional Chief Judicial Magistrate vide his judgment dated 21.7.1998 convicted the accused appellant under the said section and sentenced him to rigorous imprisonment for one year and a fine of Rs. 100.00. In default of payment of fine he was sentenced to one months imprisonment.

(2.) I have heard the learned counsel for the petitioner as well as learned PP.

(3.) The facts in brief are that on 16 8.1991 Om Prakash Kataria, SHO of Police Station Hindumalkot, received a secret information on the basis of which he along with police personnel went to village Hindumalkote. The accused was intercepted in the way and it was found that the accused petitioner was carrying a 12 bore pistol and a live cartridge without licence. The arm was sealed and the accused petitioner was arrested. After due investigation, challan was submitted. When the charge was read over to the accused petitioner he denied his indictment and claimed trial. Learned Magistrate examined quite a good number of witnesses who were produced by the prosecution. They have all proved that 12 bore pistol Article-1 and live cartridge Art. 2 were recovered from the possession of the accused petitioner. This finding has been confirmed by the learned Sessions Judge and the learned counsel fort he petitioner has not rightly challenged it during his argument. His only contention is that the petitioner may be given benefit of Probation of Offenders Act as he is a young man of 25 years and has been facing trial for last 7 or 8 years. Reliance has been placed on Surendrapal Singh Vs. State of Rajasthan, 1995 Cr.L.R. (Raj.) page 205 , and it has been submitted that the petitioner has undergone mental agony and he is not a previous convict or has any bad antecedent Learned PP does not oppose it.