JASBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal appeal, under Section 454 of the Code of Criminal Procedure, 1973, has been maintained by the appellant/who was the accused before the learned Court below (hereinafter to be called as "the accused"), against the judgment, dated 31.10.2011, passed by the learned Additional Sessions Judge, Fast Track Court, Una, H.P., in Sessions Trial No. 10/2011, whereby the learned Court below while acquitting the accused, under Sections 307 of IPC and 27 of Arms Act, has confiscated the gun of the accused, bearing No. 1452 alongwith cartridges and hold that the accused is not a fit person to keep such weapon.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 01.10.2010, at about 8:30 p.m., Kanta Devi was cleaning utensils in the courtyard of her house and her husband-accused was taking meal, in the meantime, accused asked her wife to bring green chilly from the nearby kitchen garden, to which she refused and on this, the accused started quarreling with her wife and gave beatings to her. Thereafter, the accused brought his gun from the room and shot her wife on her neck, due to which, she sustained injuries. After the said occurrence, Kanta Devi was taken to the Hospital by her mother-in-law with the help of local people. The incident was reported to the Police by the Pradhan, Gram Panchayat Ambota and the Police party, headed by ASI Jasbir Singh, reached at the spot. The brother of the injured gave statement to the Police under Section 154 Cr.P.C, on the basis of which, FIR was registered for the commission of offences punishable under Sections, 307 IPC and 27 of Indian Arms Act. During the investigation, spot map was prepared and blood sample, DBBL gun alongwith six live and one empty cartridge were taken into possession. The statements of the witnesses under Section 161 Cr.P.C were recorded. After completion of investigation, challan was presented before the learned Court below.

(3.) Prosecution, in order to prove its case, examined as many as fourteen witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned Court below, vide impugned judgment dated 31.10.2011, acquitted the accused, however the gun of the accused, bearing No. 1452 alongwith its cartridges was confiscated and learned Court below has hold that the accused is not a fit person to keep such weapon. Hence the present appeal.