JUDGMENT :

N.S. Shekhawat, J.

The petitioner has filed the present revision petition against the judgment 12.09.2008 passed by the Additional Sessions Judge, Bathinda and the judgment of conviction and order of sentence dated 06.06.2008 passed by the Judicial Magistrate 1st Class, Bathinda, whereby, the petitioner had been convicted for the offence punishable under Sections 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs.1,000/- along with default stipulation.

2. At the outset, learned counsel appearing on behalf of the petitioner submitted that he does not wish to challenge the judgment of conviction, however, some leniency may be shown, while awarding the sentence to the petitioner. Even though, learned counsel for the petitioner has not challenged the judgment of conviction, still this Court is proceeding to examine the evidence in the present case in the light of the settled canons of law.

3. Brief facts of the case, as noticed in para 2 of the impugned judgment dated 12.09.2008 passed by the Additional Sessions Judge, Bathinda, are as under:-

2. ......as per the case of the prosecution, Sub Inspector Rajinder Kumar of C.I.A. Staff, Bathinda accompanied by his fellow official were coming via Naruana road to 'T' point Badal Road, Bathinda after some secret investigation. At 'T' point ASI Jagdish Kumar, Incharge Police Post, Vardhman and some other police officials met them. Sub Inspector joined them and started checking In the meanwhile, Bhupiner Singh Bhinder son of Diwan Singh, Market, of alias resident of Dhillon Bathinda met the police party. In the meanwhile, two persons were seen coming on the road from Naruana side. Finding a police party in front of them, they got puzzled and tried to run away. One of them was apprehended by ASI Jagdish Kumar and the second person accused Krishan Singh alias Gopa was apprehended by the police party headed by SI Rajinder Kumar. After interrogating the accused about his name and address, the personal search of the accused was done, on which one country made pistol, in working order along with two cartridges of .12 bore, was recovered. The rough sketch of the pistol Ex.PE was prepared. Accused could not produce any licence to keep the arms. The pistol was taken into possession through recovery memo Ex. PA. The pistol and the cartridges were separately packed into parcel and sealed with seal 'RK' of SI Rajinder Kumar. Seal after use, was handed over to Bhupinder Singh alias Bhinder, independent witness. During the investigation, the sanction of the Additional District Magistrate Ex.PW.3/A was obtained and after completion of investigation, the challan was presented in the court.

4. After presentation of challan, charge under Section 25 of the Arms Act was framed against the accused-petitioner, to which he pleaded not guilty and claimed trial.

5. In support of its case, the prosecution examined five witnesses, namely, SI Rajinder Kumar as PW-1, HC Joginder Singh, as PW-2, Ajit Singh, Jr. Assistant as PW-3, HC Rajinder Singh as PW-4 and HC Tarjinder Singh as PW-5.

6. After closure of the prosecution evidence, the statement of accused/petitioner was recorded under Section 313 Cr.P.C. and the entire evidence was put to him. However, he denied the prosecution evidence and claimed false implication.

7. In his defence, only one witness, namely, Roshan Lal was examined as DW-1 by the petitioner and defence evidence was closed.

8. The only submissions made before both the courts below was with regard to contradictions between the statements of SI Rajinder Kumar PW-1 and recovery witness HC Tarjinder Singh, PW-4. It was argued that there were material contradictions with regard to the place of writing, place of recovery and handcuff.

9. Both the courts below have discussed the said contradictions in the impugned judgments and the plea has been rejected, after appreciating the evidence. Still further, all the prosecution witnesses were subject