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1992 Supreme(Raj) 615

RAJENDRA SAXENA
Pida Singh – Appellant
Versus
The State of Rajasthan – Respondent


JUDGMENT

1. - A notice was given to the learned Public Prosecutor and with his consent this revision petition is being disposed of finally at this stage.

2. The revision petition has been filed against the judgment of the learned Additional Sessions Judge No. 2, Hanumangarh dated 5-2-1992, whereby he partly accepted the appeal of the petitioner and while maintaining his conviction under section 25(1 )(a) of the Arms Act recorded by the learned Judicial Magistrate No. 1, Hanumangarh vide his judgment dated 28-7-1981, reduced his sentence from 1 year's simple imprisonment to 6 months' simple imprisonment and upheld the fine of Rs. 200/-, in default to further under go 3 months' simple imprisonment.

3. Briefly the relevant facts of the case are that on 3-11-1983 at about 2.20 p.m. on seeing Shri Satya Narain, ASI and other constables, who were on patrolling duty near Rajasthan Canal, Talwada Jheel, the petitioner tried to run away. Thereupon, the police party pursued and apprehended him and on his search one 32 bore pistol having a barrel of 8 inch in length was recovered from his possession. The petitioner did not have any licence to possess the said fire arm. Accordingly on the report











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