Criminal Revision No.359 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.359 of 2009 (O&M) Date of decision: 1.4.2009 Jaskaran Singh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.S.Jammu , Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. The petitioner was convicted for an offence under Section 25 of the Arms Act vide judgment dated 19.10.2007 by the Sub Divisional Judicial Magistrate, Dabwali. Vide order dated 22.10.2007, he was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs.1,000/- Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 9.1.2009 by the Sessions Judge, Sirsa. Hence, the present revision petition. Criminal Revision No.359 of 2009 (O&M) 2 Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “As per prosecution version in view of ruqa Ex. PW-1 3/A, Partap Singh ASI along with other police officials namely Jai Singh Head Constable No. 1 810, Lady Constable Sunita No. 76, Lady Constable Harjit Kaur No. 1160 and Ashok Kumar Constable No. 519 during investigation of case FIR No. 158 dated 3.9.2000 under Sections 307/506/34 IPC and 25/54/59 Arms Act of P.S.Sadar Dabwali reached along with Baltej Kaur at Maujgarh canal and arrested the accused and during his personal search he was found retaining one illicit pistol of .315 bore in his Dabb and from his left pocket one empty was also recovered. The length of the barrel was 5-1/2 inch, length of the body was 1-3/4 inch and length of the Butt was 3- 1/2 inch and it was having a hammer trigger. Rough sketch of the pistol was haviang a hammer trigger. Rough sketch of the pistol was prepared and the pistol and empty cartridge were sealed in a parcel with the seal of PS and were taken in possession by separate recovery memos and the seal after use was handed over to Baltej Kaur PW. The investigating Officer sent ruqa for registration of a case on the basis of which formal FIR was recorded. He prepared rough site plan of the place Criminal Revision No.359 of 2009 (O&M) 3 of recovery, recorded the statements of witnesses and arrested the accused-appellant in this case and on return to Police Station the case property was deposited with the MHC in intact condition and the accused was lodged in the lockup. Sanction for prosecution of the appellant under Section 25 of the Arms Act was obtained from the District Magistrate, Sirsa. After completion of investigation the accused was challaned under Section 25 of the Arms Act and was sent up to the court for trial”. Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Section 25 of the Arms Act but has submitted that the sentence qua imprisonment be reduced to as already undergone by the petitioner. Learned counsel for the petitioner has further submitted that FIR No.158 dated 3.9.2000 was registered against the petitioner under Sections 307, 506 and 34 of the Indian Penal Code and Section 25 of the Arms Act and in the said case the petitioner was acquitted of the charge framed against him. In the present case a country made pistol along with an empty cartridge was shown to have been recovered from the petitioner. The petitioner is not a previous convict. Learned State counsel has placed on record the custody certificate of the petitioner. As per which, the petitioner has undergone three months and fifteen days of actual sentence as on Criminal Revision No.359 of 2009 (O&M) 4 30.3.2009. Keeping in view the submissions made by learned counsel for the petitioner, the sentence qua imprisonment of the petitioner is liable to be reduced to as already undergone by him. Accordingly, conviction of the petitioner under Section 25 of the Arms Act is maintained. However, the sentence of imprisonment of the petitioner is reduced to as already undergone by him. With this modification, the present revision petition is disposed of. (SABINA) JUDGE April 01, 2009 anita