Chunnu vs State - 1972 Supreme(All) 419

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1972 Supreme(All) 419

P. N. BAKSHI, YASHODA NANDAN
Chunnu – Appellant
Versus
State – Respondent

Advocates appeared:
N.C. Rajvanshi, R.K. Jain and N.A. Khan, For the Appellant /

JUDGMENT

Yashoda Nandan, J. - These are three connected cases in which an identical question of law arises for consideration and we consequently propose to dispose them of by this common judgment. These cases which should normally have been heard by a learned single Judge have been heard by a Division Bench as a result of a reference to a larger Bench made by our brother Hamid Hussain, J. in the circumstances set out below:

The Applicant in Cr. Rev. No. 2178 of 1970 was convicted by a First Class Magistrate, Allahabad, u/s 25(1)(b) of the Indian Arms Act-hereinafter referred to as the Act-and sentenced to a term of six months' RI. On appeal his conviction and sentence were upheld by the learned First Temporary Sessions Judge, Allahabad. Ayub, the Applicant in Cr. Rev. No. 1443 of 1970, was ordered to undergo rigorous imprisonment for three months u/s 25(1)(b) of the Act by a First Glass Magistrate, Muzaffarnagar. On appeal by him, his conviction was upheld but the sentence of three months' R.I. was converted to a fine of Rs. 25/- only. Shabbir, the Applicant in Cr. Ref. No. 276 of 1970, was convicted by the trial Magistrate u/s 25(1)(b) of the Act and sentenced to three months' R.I.