DIWAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order of the learned 1st Additional Sessions judge of Etawah upholding the applicant's conviction and sentence of 18 months' R. I. under Section 19 (f) of the Arms Act as recorded by a Magistrate, First Class on 15-7-63.

(2.) ACCORDING to the prosecution, on receiving information from one Ram Singh that the applicant and one Manohar were cleaning unlicensed guns near the house of Jhanda Singh in village Dhanna, a police party consisting of Sub-Inspector Mahubub Ali and some constables reached the village on 15th August 1962 at about 10 P. M. and with the help of the witnesses arrested the applicant and his associate Manohar, both of whom were searched and a single barrelled muzzle loading gun along with some percussion caps, some gun-powder and pellets were recovered from the possession of the applicant and a country-made pistol and four live cartridges were recovered from the possession of Manohar. A recovery memo Ex. Ka-1 was prepared at the spot in the presence of the witnesses and the two arrested persons were taken to the police station along with the recovered articles. Subsequently they were tried separately before a First Class Magistrate for an offence under Section 19 (f) of the Arms Act and were convicted by him, Manohar filed an appeal against his conviction being Criminal Appeal No. 262 of 1963 which was heard by Sri Indra Singh, the learned Sessions Judge of Etawah, who allowed the same and quashed the conviction by his judgment, dated 8-10-1963. A certified copy of that judgment has been filed by the learned counsel for the applicant.

(3.) THE applicant's conviction, however, was maintained in appeal by the learned 1st Additional Sessions Judge of Etawah, Sri R. R. Jain, by his judgment, dated 14-10-63, Hence this revision.