RAGHUBAR DAYAL, J. - (1.) THIS is a revision by Sughar Singh against his conviction under Section 19 (f), Arms Act, by a Magistrate, first class, Mainpuri, the appeal against the conviction having been dismissed by the Sessions Judge.
(2.) THE facts leading to the applicant's conviction are that on the search of his house a single barrel country -made muzzle -loading pistol, wrapped in cloth, some gun powder, an iron rod of pistol and three live percussion caps and hand -made lead shots weighing 2 1/2 tolas were recovered from a special hole inside the wall of a room inside the house. This hole was three feet deep and had an opening six inches square.
(3.) IN this house lived Sugbar Singh with his sons and his younger brother Pahunchi Sughar Singh is aged 40 years and Pahunchi's age is 26. Both these brothers were tried for the offence under Section 19 (f), Arms Act, and were convicted by the Magistrate. On appeal the learned Sessions Judge acquitted Pahunchi and maintained the conviction of Sughar Singh. He passed these orders as he was of opinion that in the absence of any evidence connecting Pahunchi with the possession of these articles his being one of the persons residing in the house was not sufficient to prove his conscious possession or effectual control over the articles, it being possible that the Manager of the family or some other member of the house -hold might have placed the articles there without his knowledge. He was further of opinion that Sughar Singh, as the head of the family, must be deemed to have effective control over these articles. He further observed: "It is obvious that so many articles of such size could not have been there without the knowledge of the head of the family.";