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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
The Hon’ble Mr. Justice Surinder Singh, J.
Sanjeev Kumar …. Appellant.
Versus
State of H.P.…. Respondents
Cr. A No. 171 of 2005
Decided on : 4th April, 2011.
Indian Arms Act - Conviction under Section 25 - Section 307 Indian Penal Code, Sections 25 and 27 of the Indian Arms Act - Section 25 (1-B) (a) of the Indian Arms Act, Section 3-(1) of the Act
Fact of the Case:
The appellant was charged under Section 307 Indian Penal Code and Sections 25 and 27 of the Indian Arms Act for firing at a truck driver during a road rage incident. The trial court acquitted the appellant for attempted murder and under Section 27 of the Indian Arms Act but convicted him under Section 25 of the Indian Arms Act for possession of an unlicensed firearm.
Finding of the Court:
The court found that the appellant was in possession of a firearm with a license not valid for the state where the firearm was recovered, leading to his conviction under Section 25 of the Indian Arms Act. The court also considered the appellant's age, time spent in custody, and lack of criminal record in deciding to reduce his sentence to the time already served.
Issues: The issues revolved around the possession of the firearm, validity of the license, and the appropriate sentencing considering the circumstances of the case.
Ratio Decidendi: The court relied on the provisions of Section 25 (1-B) (a) of the Indian Arms Act, which prohibits possession of firearms in contravention of licensing regulations. The court also considered the principles of justice and the appellant's personal circumstances in determining the appropriate sentence.
Final Decision: The court maintained the appellant's conviction under Section 25 of the Indian Arms Act but reduced his sentence to the time already served, in addition to upholding the fine imposed.
Surinder Singh, J
Appellant hereinafter referred to as the “accused” was chargesheeted and tried for the offences punishable under Section 307 Indian Penal Code and Sections 25 and 27 of the Indian Arms Act. At the end of the trial, he was acquitted for attempted murder and also under Section 27 of the Indian Arms Act but convicted for the offence punishable under Section 25 Indian Arms Act and sentenced by the learned trial Court to undergo an imprisonment for a period of one year and to pay a fine of `2000/-. Hence the present appeal by the accused.
(i) In nutshell, prosecution case can be stated thus. On 7.3.2004, a truck bearing registration No. HP24-A-1367 was going to Hoshiarpur from Barmana. It was being driven by PW2 Mohinder Singh. Around 4 p.m., the said truck reached near Barsar, District Hamirpur (HP). It got stuck-up in a traffic jam. In the meantime, accused driving his Indica Car PB-02-AE-7090 came there and he blew the horn. Four ladies two children were its occupants besides the accused. It is alleged that PW2 Mohinder asked reason as to why accused was blowing the horn of his car so loudly and requested him to reverse his car back, so that, he could give him pass and put the truck in motion. After having obtained pass, accused overtook the truck and got down with his pistol in hand. Thereafter he opened the window of the driver side of the truck. Finding a five liters mobile cane, gave 2-3 blows with it to the complainant. Complainant asked the reason for his illegal act. Then accused fired a shot from his pistol. Bullet hit the side of the shoulder of the complainant (PW2) and embedded in the roof of the cabin of the truck.
(ii) PW2 Mohinder Singh aforesaid sustained bleeding bullet injury. His shirt Ext. PW2 and vest Ext. P3 got smeared with blood. He was saved by PW3 Manohar Lal, owner of the truck traveling with him. The accused fled-away in his car. Mohinder Singh aforesaid lodged a report in Police Station Barsar, which culminated into FIR Ext. PW2/A. He was got medically examined in Community Health Centre, Barsar from PW1 Dr. H.R. Kalia.
(iii) Immediately after the recording of the FIR, police flashed message to the various police Stations to apprehend the accused. This message was also received and jotted down in the Police Station Una vide rapat Ext. PW5/A. Thereafter PW5 Head Constable Subhash Chand along with HC Ramesh Chand and constable Gurmail Singh went to ‘Lalbati Chowk’, Una and raised an obstruction on the road to check traffic. Around 5.15 p.m. Indica Car aforesaid came there from the side of Barsar. It was intercepted and detained. Accused was on the driving wheel. Besides the accused, there were four women and two children. In the meantime, PW12 A.S.I. Rajesh Kumar, Incharge of Police Station Barsar also reached chasing the car. He conducted the search of the accused. On the personal search of the accused, pistol Ext. P6 was recovered loaded with three live cartridges and a spent cartridge. Twelve live cartridges were also recovered from one of his pockets. Police prepared the sketch map Ext. PW12/D of the pistol. Its photographs were also taken. Thereafter it was sealed with seal impression ‘H’. Empty as well as live cartridges were separately sealed with the same seal and were taken into possession vide memo Ext. PW3/B. On the search of the car, police also recovered a driving license Ext. P15 and pistol license Ext. PW8/B which were taken into possession vide memo Ext. PW3/C.
(iv) Next day, i.e., on 8.3.2004 truck in question was also taken into possession vide memo Ext. PW3/D along with its documents. Thereafter a carpenter was arranged and ply-board of a portion of the cabin which bore the hole of the bullet (Ext. P19) was also taken out and sealed with seal impression ‘H’ and seized vide memo Ext. PW3/E and sent to the forensic examination. During the investigation of the case, besides taking into possession the wearing apparels of the injured, police also took into possess
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