Baij Nath vs State

S. I. Jafri, J.—I have heard learned counsel for the parties. The applicant was found in possession of one country made pistol along with two livecartridges and one spent cartridge at Korans P. S. Mohanlalganj, Lucknow between 12 and 12.30 p. m. on 21121975. After his arrest by the police, he failed to show any licence for the pistol and the accused was, thus, tried. The learned Magistrate after hearing the evidence produced in the case convicted the accused under Section 25 of the Arms Act sentencing him to undergo months R. I.

Aggrieved by the aforesaid and order of the learned Magistrate the applicant filed the appeal before the Sessions Judge which was rejected by Sri J. P. Agarwal, I Additional Distt. And Sessions Judge, Lucknow on 1911979. I have gone through the judgment of the court below and I do not find any infirmity in the findings arrived at by the court below. The conviction of the applicant is, therefore, upheld under Section 25 of the Arms Act.

The learned counsel for the applicant submitted that the applicant is a law abiding citizen and there is no adverse antecedent against him. He is also not previous convict.

After giving my utmost consideration to the submissions made by the learned counsel for the parties, I sentence the applicant to the period already undergone by him.