KDAR NATH Vs. EMPEROR

JUDGEMENT

(1.) These are two references by the learned Sessions Judge, Gaya. Criminal Reference No. 44 relates to one Kedar Nath, who has been convicted under Section 21, Arms Act, that is to say, for violation of a condition subject to which his license had been granted, and has been fined a sum of Rs. 30, (sic) or in default directed to undergo simple imprisonment for a period of 40 days. The other Reference No. 45 relates to one Jamal Ahmad, who has been convicted under Section 19(f), Arms Act, for having in his possession or under his control a gun in contravention of the provisions of Section 14, that is to say, without a license, and has been sentenced to pay a fine of Es. 25, or in default to undergo simple imprisonment for a period of 60 days.

(2.) The facts which led to these convictions were as follows. On 23 February 1940, there was a communal riot in Gaya town, and an order under Section 144, Criminal P.C. was issued that day prohibiting the taking out of any kind of arms. Next day the houses of many persons in the bazar were searched, and from the house of Jamal Ahmad a double-barrelled shotgun was recovered. It was found that Jamal Ahmad had no license for this gun. It was licensed, but the license stood in the name of Kedar Nath, and there was no provision for any retainer.

(3.) Jamal Ahmad and Kedar Nath put forward similar defences, namely that they were close friends. On the morning of 23 February 1940, Kedar Nath had gone out shooting with the gun, and Jamal Ahmad had gone with him. They returned at about 5 P.M. and were informed of the order under Section 144, Criminal P.C., prohibiting the carrying of arms. Kedar Nath stayed in the house of his friend Jamal Ahmad for that night, but before 6 A.M. the following morning he had to leave for Patna for medical treatment, as he was attacked with asthma. He left his gun and bedding, etc., in Jamal Ahmad's house with the intention of returning shortly afterwards for them. When Kedar Nath came to know that his gun had been seized, he sent his son who brought his license and a letter from Kedar Nath to the Sub-Inspector of Police in which he explained the circumstances in which the gun had been left in Jamal Ahmad's house.