[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 326/2008 STATE OF RAJASTHAN Vs. VIJAY SINGH Date: 06.08.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal leave to appeal under Section 378(i)(iii) Cr.P.C. is directed against the judgment dated 16.10.2007 passed by the Additional Chief Judicial Magistrate, Hindaun City in Criminal Case No. 263/2005, whereby accused-respondent Vijay Singh has been acquitted from the offence under Section 4/25 of the Arms Act. Brief facts of the case are that on 24.05.2005 Deputy Superintendent, Samtaram lodged a written report at Police Station Hindaun City stating therein that at about 09.35 p.m. he got information on telephone to the effect that there was firing at Khediyan-Ka-Pura. On receiving the above information, he reached at the place of incident with the police party and found that a person namely Vijay Singh was running with the knife. He arrested the accused with knife. On the basis of the above report, a case was registered under Section 4/25 of the Arms Act and investigation commenced. After completion of the [2] investigation, charge-sheet was filed against the accused-respondent before the Court. The Additional Chief Judicial Magistrate, Hindaun City on hearing rival submissions of the respective parties, acquitted the accused- respondent from the offence under Section 4/25 of the Arms Act vide impugned judgment dated 16.10.2007. Being aggrieved and dissatisfied with the impugned judgment dated 16.10.2007, the present criminal leave to appeal has been preferred by the appellant State on the ground that the prosecution fully proved the offence against the accused- respondent but the statements of the prosecution witnesses have not been properly appreciated by the trial Court. I have heard learned Public Prosecutor for the State and carefully gone through the impugned judgment dated 16.10.2007 passed by the trial Court as also the relevant material available on the record. The trial Court has thoroughly considered all the aspects. The accused-respondent has categorically stated that the police has registered a false case against him. It was also considered that all the witnesses produced by the prosecution were of police department and not a single independent witness was examined by the prosecution and the only independent witness of recovery namely [3] Shri Babulal has not been examined. Further, the knife which was recovered was also not sealed. Thus, the trial Court has observed that only on the basis of the evidence of police officials, particularly when the witness Babulal has not been examined, the prosecution is not able to prove the offence under Section 4/25 of the Arms Act against the accused-respondent beyond doubt and he has rightly been acquitted from the aforesaid offence vide impugned judgment dated 16.10.2007. This Court do not find any illegality or error in the impugned judgment dated 16.10.2007 passed by the Additional Chief Judicial Magistrate, Hindaun City and the same requires no interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/