Arms Act, 1959: ss. 29 and 30 –Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same – Punishment for contravention of licence or rule – Prosecution case that the appellant was the licence holder of the double barrel 12 bore rifle, used in the murder of the deceased and was part in the conspiracy hatched by the other co-accused – Conviction of the appellant u/ss. 29 and 30, and u/s. 120-B IPC and sentenced accordingly –High Court acquitted the appellant u/s. 120-B IPC, however, upheld the conviction u/ss. 29 and 30 – On appeal, held: Appellant could have been charged with s. 29(b) only after it was established by the prosecution that he delivered the fire arm to the co-accused, knowingly and deliberately–Thereis no evidence to establish that the fire arm was handed over to the co-accused by the appellant– On the contrary, it appears that the co-accused illegally took the licensed fire arm of the appellant without his permission and knowledge and used the said weapon to murder the deceased–Thus, the appellant’s conviction u/s. 29 not sustainable – Furthermore, no evidence to establish any willful violation by the appellant of any of the conditions of the Act or conditions of a licence or any provision of theAct or any rule, thus, exonerated from the offence of s. 30 as well –Order of the High Court convicting the appellant u/ss. 29 and 30 set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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