The distinction between possessing and using prohibited arms and ammunition under sections 25 and 27 of the Arms Act, and the legal basis for conviction under both provisions.

JUDGMENT :

M.R. Verma, J.

This appeal is directed against the judgment dated 27.6.2002, passed by the learned Additional Sessions Judge, Mandi, whereby the appellant-accused (hereafter referred to as 'the accused') has been convicted under section 397 IPC and sections 25 and 27 of the Indian Arms Act and has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5000/- and in default of payment of fine, to undergo rigorous imprisonment for six months under section 397 IPC, to undergo rigorous imprisonment for five years and to pay a fine of Rs.2000/- and in default of payment of fine to undergo further rigorous imprisonment for three months under section 25(1-A) of the Indian Arms Act and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/- and in default of payment of fine to undergo further rigorous imprisonment for three months under section 27 of the Indian Arms Act.

2. Case of the prosecution, in brief, is that Tek Chand (PW-1) was engaged as a driver of Taxi No. HP-01-187 by its owner Bhagat Ram on 25.5.2000. On 26.5.2000. When PW-1 had parked the taxi at Taxi Stand, Manali, he was approached by the accused, who was accompanied by a girl and enquired the fare from Manali to Delhi. PW-1 told him that the fare was Rs.5000/-. The accused, considering the fair too much, requested PW-1 to drop him and his companion at Kullu for which the fair was settled at Rs.550/- When they reached at Kullu, accused asked PW-1 to take them to some more distance to which PW-1 agreed. When they reached at Bhuntar, accused requested PW-1 to take them to pandoh, where he was to meet one of his friends. When PW-1 demanded payment of fare, the accused told him that fare would be paid after reaching at Bhuntar. When they reached ahead of Kothi Nala towards Pandoh side accused asked PW-1 to stop the vehicle, as he wanted to urinate. The taxi was then stopped on one side of the road and the accused alighted from the taxi and went to urinate. In the meanwhile, PW-1 also alighted from the taxi and went to urinate, leaving the keys of the taxi in the taxi. When they returned after urinating, accused told PW-1 that he should have sexual intercourse with the accompanying girl, (PW-18) which offer was refused by PW-1, whereupon the accused took out a pistol from the pocket of his pant. In the meanwhile, a vehicle came from Kullu side and PW-1 tried to stop the same, but it did not stop. The accused then threatened PW-1 that in case he raised any voice, he would be killed. PW-1 then requested the accused not to shoot him and he might not pay the fare. However, the accused fired at him with the pistol. The bullet went off touching the face of PW-1 near the left side of his eye and as an impact of the injury, PW-1 fell unconscious. The accused and the girl, in the meanwhile ran away from the spot in the taxi towards Pandoh. After some time, a bus came from Mandi side in which PW-1 took lift to come to Pandoh. After some time, a bus came from Mandi side in which PW-1 took lift to come to Pandoh. In the bus, LHC Kishore Chand (PW-8) was travailing and on his inquiry, PW-1 narrated the occurrence to him. When the bus reached at Deot, PW-8 telephonically reported the occurrence to Police Post, Pandoh. He took PW-1 to Pandoh from where he was taken to Zonal Hospital, Mandi, where his statement Ex. PW-1/A was recorded by ASI Des Raj, Incharge, Police Post, Pandoh (PW-12. On the basis of the said statement formal FIR Ex. PW-13/A was registered at Police Station. Sadar, Mandi under sections 307, 392, 120-B IPC and Sections 25 and 27 of the Indian Arms Act.

3. In the meanwhile, on receipt of information about the occurrence from Police Post Pandoh, SHO, Sadar, Mandi, S.I. Om Parkash (PW-15) laid a Naka on Victoria Bridge at Mandi and the Taxi HP 01-0187 driven by the accused was intercepted while it had dashed against a three wheeler No. HP-05-0960, and Sarla Devi (PW-18 was also found sitting in the taxi. The v