Crl. Revision No. 957 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 957 of 2005 Date of Decision: May 12, 2010 Jagjit Singh alias Jaggy ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. J.S. Sandhu, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. The petitioner was convicted for an offence under Section 25 of Arms Act, 1959 by the Addl. Chief Judicial Magistrate, Bathinda vide judgment dated 5.7.2003. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 25 of the Arms Act, 1959. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Sessions Judge, Bathinda vide judgment dated 25.1.2005. Hence, the present revision petition. The prosecution story in brief as noticed by the trial Court in para 1 of the impugned judgment reads as under :- “ The story of prosecution is that on 10.9.2001 the Crl. Revision No. 957 of 2005 2 investigating officer namely Balwant Singh, SHO, P.S. Sadar Bathinda alongwith ASI Balwinder Singh and other police officials while investigating the case against the accused (under Section 411 IPC, FIR No.98 of 10.9.201) of the same police station were present at the bridge of canal miner in the area of village Chuge Kalan. From conduct of the search of the accused according to procedure from the right dab of his pajama, one pistol country made .12 bore in working order was recovered. One live cartridge was recovered on opening of the pistol and another live cartridge was recovered from the Kheesa (pocket) of the Kamij of the accused. The description of the pistol is described. Rough sketch Ex.PB was also prepared. Parcels of the pistol and both the cartridges were prepared and sealed by the investigating officer with his seal “BS' and pistol and cartridges duly sealed were taken into police possession vide recovery memo Ex.P.C. Signed by the attesting witnesses ASI Balwinder Singh and independent witness Sahib Singh son of Jarnal Singh of village Chuge Kalan. The accused was formally arrested. The report of armour Ex.PG regarding the weapon was obtained. The sanction for prosecution Ex.PA was also obtained from the worthy District Magistrate, Bathnda. The investigating officer prepared the rough site plan, recorded the statements of witnesses and on completion of investigation, challan was presented in the court. ” Crl. Revision No. 957 of 2005 3 During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 25 of the Arms Act, 1959, but has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. Fine has already been deposited by the petitioner. The petitioner is facing the criminal proceedings since the year 2001 and he is the only bread earner of his family. As per the custody certificate, placed on record by the learned State Counsel, petitioner has undergone 5 months and 9 days of actual sentence. Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to already undergone by him. Accordingly, the conviction of the petitioner under Section 25 of the Arms Act, 1959 is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. The revision petition stands disposed of accordingly. (SABINA) May 12, 2010 JUDGE Anand