In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 468 of 2009 Date of Decision:March 21, 2009 Ajit Singh ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Arvind Singh,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Ajit Singh-petitioner was convicted for an offence under Section 25 of the Indain Arms Act (hereinafter referred to as 'the Act' ) vide judgment dated 16.11.2006 by Additional Chief Judicial Magistrate, Hisar. Vide order dated 17.11.2006 passed by learned Additional Chief Judicial Magistrate, Hisar petitioner was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Hisar vide judgment dated 4.2.2009. Hence, the present revision petition. Crl. Revision No. 468 of 2009 -2- Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “Brief facts of the prosecution case are that on 22.4.2000 ASI Hawa Singh along with police party was present near Canal Bridge, in the area of village Kaimri, in connection with patrolling and crime detection. In the meanwhile a person was seen coming from the side of village Kaimri and on seeing the police party he tried to turn back and started walking briskly. On suspicion he was apprehended. On equiry he disclosed his name as Ajit Singh son of Ram Lal, resident of village Kaimri. On search a country made pistol of 12 bore was recovered from the right dub of trouser of accused. The butt of the pistol was of wooden. The pistol was unloaded and four live cartridges of same bore marka Shaktiman were recovered. The length of butt was 2.8”, length of Nall was 5.3”, length of its body was 3.11” and total length of pistol, was 8.10” the sketch of the pistol was prepared and sealed with the seal of H.S. and taken into police possession vide separate seizure memo. Seal after use was handed over to Constable Umed Singh. Ruqqa was sent to the Police Station for registration of case through Constable Ranbir, on the basis of which present case was registered. Investigations were carried out. After obtaining necessary sanction from District Magistrate, Hisar and on completion of usual formalities of investigation the challan against accused was presented in the Court.” Crl. Revision No. 468 of 2009 -3- During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 25 of the Act. Learned counsel has submitted that petitioner has already undergone more than 2 months of actual sentence. There is nothing on record to show that the petitioner was carrying the pistol for any anti social purpose. Petitioner is not a previous convict nor is involved in any other criminal case. Keeping in view the submissions made by learned counsel for the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. As per the custody certificate placed on record, petitioner has undergone 2 months and 9 days of actual sentence as on 20.3.2009. Petitioner might have been carrying the pistol for his self defence, although the same was an unlicenced one. There is nothing on record to suggest that the pistol in question was being carried for any sinister purpose. Accordingly, conviction of the petitioner under Section 25 of the Act is maintained. However, sentence of imprisonment of the petitioner is reduced to already undergone by him. Sentence qua fine is enhanced from Rs. 500/- to Rs. 2500/-. Petition stands disposed of accordingly. (SABINA) JUDGE March 21, 2009 PARAMJIT