Criminal Revision No.1498 of 2001 -1- .... IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1498 of 2001 Date of decision:- 09.12.2010 Smt. Rupinder Kaur ......Petitioner versus Navdeep Singh ......Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: - Mr. Munish Gupta, Advocate for Mr. P.K. Gupta, Advocate, for the petitioner. Mr. Narinder Singh, Advocate, for the respondent. A.N.JINDAL, J (ORAL) This petition is directed against the judgment dated 01.03.2001 passed by Sessions Judge, Rupnagar, acquitting the accused - Navdeep Singh of the charges under Section 25 of the Arms Act. The State has not preferred any appeal. The accused was arrested in the case F.I.R. No.48 dated 22.08.1998 for the offences under section 302 and 404 IPC. During interrogation, he had suffered a disclosure statement Ex.PA to the effect that he had kept concealed a revolver in the area of SYL Canal Bridge, Dhoomcheri. In pursuance of the disclosure statement, he got recovered the said revolver which was taken into possession vide memo Ex.PB. Ruqa Ex.PC was sent to the Police Station, on the basis of which F.I.R. Ex.PC/1 was registered. On completion of the Criminal Revision No.1498 of 2001 -2- .... investigation, a report under Section 173 of the Code of Criminal Procedure was presented in the Court. The accused was charged under Section 25 of the Arms Act to which he pleaded not guilty and claimed trial. Ultimately, on trial, he was acquitted. Arguments heard. Record perused. Having scrutinized the impugned judgment, the evidence appears to have been appreciated in the right perspective. No illegality much less irregularity or perversity has been pointed out warranting interference by this Court. There is no denying a fact that the accused was arrested in case F.I.R. No.48 dated 22.08.1998 under Sections 302 and 404 of the Indian Penal Code in connection with the murder of Randhir Singh @ Rana. Consequently a revolver allegedly used in the commission of the crime was recovered on 08.09.1998 from him and was sent to the Forensic Science Laboratory, Punjab, Chandigarh on 23.09.1998 meaning thereby that the revolver along with cartridges remained with the police for about 20 days. The prosecution has failed to explain the delay of 20 days in sending the revolver along with cartridges to the Forensic Science Laboratory, Punjab, Chandigarh in time. Sukhbir Singh (PW-1) has testified that the licence No.680/DM/P/97/PS Kotwali Patiala was issued in the name of the accused and was valid upto 13.11.1998. He has also proved the copy of the licence Ex.P1. That apart, it is pertinent to mention here that the accused has already been acquitted by the trial Court in case F.I.R. No.48 dated 22.08.1998 under Sections 302 and 404 of the Indian Penal Criminal Revision No.1498 of 2001 -3- .... Code. It has not been established if the said revolver was used in the commission of the crime. As such, no exception to the opinion expressed by the trial Court could be made at the revisional stage. Resultantly, this revision being devoid of merits is dismissed. (A.N.JINDAL) JUDGE 09.12.2010 neetu