SUKHDEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the appellate-judgment dated 8.10.98 passed by the learned Addl. Sessions Judge No. 1, Sri Ganganagar whereby he upheld the conviction of the petitioner under section 25(1-B)(a) of the Arms Act and sentence of one year R.l. and a fine of Rs. 100.00.

(2.) It is not necessary to state the facts of the case in detail as Mr. Bhadu frankly concedes that the prosecution has successfully brought home the guilt of the accused. His only submission is that it is the first offence of the petitioner and looking to his age, his sentence of imprisonment may be reduced to the period already undergone by him.

(3.) The short facts of the case are that on 24.4.91 Baldeo Singh, A.S.I. accosted the petitioner. On his personal search a revolver was found in his possession. The same was seized. The police submitted a challan against the petitioner. A charge under section 25(1-B)(a) of the Arms Act was framed against the petitioner. He pleaded not guilty. The prosecution examined PW 1 Hetram, PW 2 Abdul Aziz, PW 3 Bastiram, PW 4 Tarsemram, PW 5 Kumbh Singh, PW 6 Baldeo Singh and PW 7 Dalu Ram. Accused in his statement under section 313 Crimial P.C. denied accusation. The learned Addl. Chief Judicial Magistrate, Sri Ganganagar held the charge proved and therefore he convicted and sentenced him as stated above.