SHRI PRAKASH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 21st May, 2013 passed by the learned Additional Sessions Judge-VII, Dhanbad, in Criminal Appeal No. 176 of 2012, whereby the appeal preferred by the petitioner has been partly allowed.

(2.) The learned trial court vide its judgment dated 5th May, 2012 passed by learned Assistant Sessions Judge-III, Dhanbad in S.T. No. 09 of 2006 convicted the petitioner along with the co-accused for the offence under section 323 of the I.P.C. and further convicted the petitioner herein for the offence punishable under Section 27 of the Arms Act. The learned appellate court while sustaining the conviction of the petitioner under Section 27 (1) of the Arms Act, acquitted the petitioner along with co-convicts for the offence under section 323 of the I.P.C. holding that all the accused persons who were convicted under section 323 of the I.P.C. for causing injury to Vijay Rawani, but Vijay Rawani had not attributed any allegation of assault against any accused persons for causing him injury as such they are not guilty for the offence under section 323 of the I.P.C.

(3.) However, the learned appellate court sustained the conviction under section 27 of the Arms Act holding that though the license of the petitioner has been exhibited but grant of license of any arm is granted only for support/protection/display and the said arm can be used only for self-defence and not otherwise.