Punjab and Haryana High Court

CIVIL APPEAL 1059 of 2002 on 14 October 1999

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Crl. Revision No. 1059 of 2002

Date of decision: February 20, 2008

Kawaljit Singh

... Petitioner versus

State of Punjab

... Respondent

Coram:Hon'ble Mr. Justice A.N. Jindal

Present:Mr. D.S. Brar, Advocate for the petitioner. Ms. Simsi Dhir, AAG, Punjab for the respondent.

A.N. Jindal, J.

This revision petition is directed against the judgment dated22.2.2002, passed by the learned Additional Sessions Judge, Barnala,dismissing the appeal of the petitioner-accused (herein referred as “thepetitioner”) against the judgment dated 14.10.1999 convicting him underSection 25 of the Arms Act and sentencing him to undergo rigorousimprisonment for one year and to pay fine of Rs.1000/-.

The allegations, as per prosecution, are that on 27.3.1998, whenASI Jaswant Singh accompanied by other police officials was present on thebridge of drain Barnala-Naiwala road in connection with checking ofsuspected criminals, the petitioner was seen coming on right side of thebridge of the drain. On suspicion, he was apprehended and .32 bore countrymade revolver was recovered from the right dub of his pant. Ruqa wassent, on the basis of which FIR was registered against the petitioner. Thecase was investigated and ultimately a report under Section 173 Cr.P.C. wassubmitted in the Court.

The petitioner was charged under Section 25 of the Arms Act,to which he pleaded not guilty and opted to contest.

During trial the prosecution examined Sham Sunder (PW1)Clerk in the office of District Magistrate Sangrur, HC Hariwansh (PW2),ASI Jaswant Singh (PW3), HC Gulshan Kumar (PW4), SI Kuldeep Singh(PW5) and HC Gurnar Singh (PW6).

When examined under Section 313 Cr.P.C., the petitionerdenied the allegations and pleaded his false implication in the case. Hefurther submitted that his father's sister (Bua) is married at village Sanjuraand he had gone to see her. On his way back at bus stand of villageBhadalwarh, when was about to board a bus, the police party apprehendedhim and planted this false case.On trial, the petitioner was convicted and his appeal alsofailed.

Heard.

At the very outset, learned counsel for the petitioner without assailing the judgment of conviction has submitted that the petitioner hasundergone 6 months of the sentence and has also paid the fine, therefore, ifpossible, the sentence may be reduced to that of already undergone.

Having examined the records of the case, the occurrence tookplace way back in the year 1998. No bad antecedents have been brought onthe record so as to dub the petitioner as habitual offender. He must be areformed man by now. He is an young man having wife and children tolook after. Thus, it would not be expedient in the interest of justice to sendhim back to prison.

***

Resultantly, this petition is dismissed with the modification inthe sentence to that of six months without alteration in the sentence of fine.

Copy of the judgment be sent to the learned Chief JudicialMagistrate, Barnala for compliance.

February 20, 2008deepak

(A.N. Jindal)Judge

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