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_____________________________________________________ For Appellant(s) : Mr. Karamveer For Respondent(s) : Mr. NS Dhakad PP _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Judgment 02/01/2018 Yogesh Kumar son of Bhaguram aged 30 years has preferred the present appeal to assail the impugned judgment dated 22.9.2017 rendered by the court of Sessions Judge, Jhunjhunu, whereby the appellant was convicted for offences under Sections 307 and 353 IPC and Section 3/25 of Arms Act. The trial Judge having convicted the appellant for the above said offences, vide a separate order of even date, sentenced the appellant has under:-

U/s. 307 IPC- to undergo four years RI and to pay a fine of Rs.5,000/-, in default thereof to undergo additional six months RI.
U/s. 353 IPC- to undergo three months RI.
U/s. 3/25 of Arms Act- to undergo two years RI and to pay a fine of Rs.
1,000/-, in default thereof to undergo additional one month RI.
(2 of 6) [CRLA-1963/2017] Aggrieved against his conviction and sentence, the appellant has filed the present appeal. Along with the appeal, an application for suspension of sentence [S.B. Cr. Misc. Application for Suspension of Sentence No.1274/2017] was filed. A co-

So far offence under Section 353 IPC is concerned, it is stated that the appellant had not used any force and there is also no evidence of assault on the police official. Hence, qua the offence under Section 353 IPC, the appellant is also acquitted and the sentence awarded on this count is also set aside.

Now we come to the second part of the prosecution case.

Admittedly, from the possession of the appellant, a country made pistol has been recovered. That recovery is witnessed by the police officials.

Consequently, the present appeal is partly accepted. The conviction of the appellant for offences under Sections 307 and 353 IPC is set aside. However, conviction of the appellant for offence under Section 3/25 of Arms Act is upheld and sentence awarded upon the appellant on the said count is reduced to one year and six months RI.

(KANWALJIT SINGH AHLUWALIA)J. Mak/-