- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 17.2.97 passed by the Learned Additional Chief Judicial Magistrate, Suratgarh in Cr. Case No. 586/89 by which the learned Magistrate acquitted the accused respondent for offence under Section 25(1) (b) of the Arms Act.
(2.) This appeal arises in the following circumstances (i) On 30.7.89, at about 5.30 p.m., P.W. 2 Richpal Singh, SHO, police Station, Suratgarh lodged a FIR Ex. P/4 stating that on 30.7.89 at about 3.30 p.m., he along with Gulab Singh, Jai Kishan and other police party proceeded in a jeep for Bhagwansar for the purpose of patrolling and when the police party reached near the Bus Stand Lalpura, they saw a man in suspicious condition and he was stopped and at that time, PW. 5 Kashmiri Lai who was going on a bicycle was also stopped by P.W. 2 Richpal Singh and on being asked the accused respondent told his name to be Hari Chand and he was wearing Chadar and after that Chadar was removed, a desi pistol of 315 bore was recovered from his possession for which he was not having any licence and thus, P.W. 2 Richpal Singh prepared a Fard Ex. P/2 of search and seizure of pistol and through Ex. P. 8 the accused respondent was arrested and through Ex. P/1 PW. 2 Richpal Singh sent that pistol to verify whether it was in working condition or not and P.W. 1 Sukhdeo Singh armour gave his report on the back of Ex. P/1 that the said pistol was in working condition.
(3.) That after usual investigation, the police submitted challan against the accused respondent.;