K.C. Puri, J. - (1.) UNDER challenge, in this Criminal Revision, is the judgment dated 7.7.2008 passed by Shri J.S. Chohan, Additional Sessions Judge, Ferozepur whereby he partly accepted the appeal and acquitted the petitioner under Section 411 IPC but he maintained the conviction and sentence awarded to the petitioner under Section 25 of the Arms Act.
(2.) VIDE judgment/order dated 7.2.2005, delivered by Ms. Dimple B.J. Sharma, the then, Sub Divisional Judicial Magistrate, Abohar, the petitioner was convicted under Sections 411 IPC and 25/54/59 of the Arms Act and sentenced to undergo rigorous imprisonment for one year under Section 411 IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/ - and in default of payment of fine, to undergo further rigorous imprisonment for one year. The facts of the prosecution case, in brief, are that on 10.9.1999, a police party headed by HC Beant Singh was present at crossing of Hindu Mal Kot in connection with patrol, duty. Then, three persons came there from the side of Hindu Mal Kot on their respective vehicles. On seeing the police party, they felt apprehensive and HC Beant Singh, on the directions of ASI Bhupinder Singh, apprehended them with the help of his other police officials by following them on Government Canter. HC Beant Singh along with other police officials apprehended the petitioner. On enquiry, he disclosed that the Moped, which he was driving was stolen property. On his personal search, one country made Pistol of 12 bore was also recovered from the left pocket of the pants which he was wearing. On opening the Pistol, one 12 bore live cartridge was recovered from the petitioner and he could not' produce any licence. A separate parcel was prepared. It was taken into police possession.
(3.) A ruqqa was sent to the police station on the basis of which the present case was registered against the petitioner. Investigation, in the case, was conducted and after completion of same, the petitioner was challenged. The petitioner was charge -sheeted accordingly to which he pleaded not guilty and claimed trial.;