Tarsem Singh vs State of Punjab

R.P. Nagrath, J.—Petitioner has filed the instant revision to challenge concurrent findings of conviction and sentence recorded by both the Courts below holding the petitioner guilty of offence u/s 25 of the Arms Act, 1959 (for short ''the Act''). Petitioner was found in possession of one 12 bore gun and five live cartridges of the same bore.

The facts in brief are that on 27.05.2006, police party headed by ASI Paramjit Singh apprehended the petitioner in the area of village Darapur during patrolling and recovered. 12 bore gun from his possession. On personal search of petitioner, 5 live cartridges were also recovered from the right pocket of his Kurta. Petitioner could not show any licence for keeping the weapon and live cartridges. On receipt of sanction from the District Magistrate to prosecute the petitioner and completion of investigation, challan against the petitioner was presented in the Court.

The trial Court sentenced the petitioner to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 500/-; in default of payment of fine to further undergo Rigorous Imprisonment for three months u/s 25 and 27 of the Act. However, the appellate Court acquitted the petitioner for offence u/s 27 of the Act and upheld his conviction and sentence u/s 25 of the Act.

When the instant petition was listed on 04.02.2014, learned counsel for the petitioner did not challenge the conviction of petitioner on merits and confined his arguments only qua the quantum of sentence. Even the plea of the petitioner was that he was holding the licenced weapon of his mother. Therefore, the instant revision on merits to challenge conviction is dismissed.

As per the custody certificate dated 10.5.2014, the petitioner has already undergone 03 months and 17 days of imprisonment.

In view of the fact of the case as discussed above that the weapon belongs to the mother of petitioner, it would be sufficient if the sentence of imprisonment is reduced to the period already undergone by the petitioner, maintaining the imposition of fine and default clause for non-payment of fine.

With this modification in the quantum of sentence, the instant revision is dismissed on merit.

Copy of the judgment be sent to all the concerned for compliance.