Jaswant Singh vs State of Punjab

K.S. Kumaran, J.—The petitioner, herein was the sole-accused in Sessions Case No. 207 of 1990 and was tried for an offence u/s 302 of the Indian Penal Code and Section 27 of the Arms Act. He was convicted accordingly, under both these sections by the Learned Sessions Judge, Ferozepur and sentenced to undergo imprisonment for life u/s 302 of the Indian Penal Code and to undergo Rigorous Imprisonment for three years u/s 27 of the Arms Act (apart from the sentence of fine). As against the conviction and sentence passed against him, the petitioner filed Criminal Appeal No. 231-DB-of 1992. A Division Bench of this Court, on a consideration of his appeal, while acquitting him of the charges u/s 302 IPC and u/s 27 of the Indian Arms Act, convicted him for the offence u/s 304 Part I and sentenced him to undergo imprisonment for seven years apart from fine. But admittedly both the Sessions Court and as well as this Court did not pass any order for the disposal of the fire arm used by the petitioner in the commission of the offence.

The petitioner has therefore, filed this petition for issuing necessary directions to return to him the revolver and the licence therefor. The petitioner contends that inasmuch as he has been acquitted of the charge u/s 302 IPC and u/s 27 of the Arms Act, and in as much as there is no direction by any of the Courts to confiscate the Revolver and the licence, he is entitled to the return of the same.

The respondent-State has filed a reply opposing this application on the ground that the Revolver in question was used by the Petitioner-herein in the commission of an offence for which he has also been convicted and sentenced u/s 304 Part I of the Indian Penal Code for causing the death of a person. The respondent-State contends that the Revolver may be ordered to be confiscated.

We have heard the counsel for both side and we are of the opinion that this petition is wholly misconceived. May be the petitioner was acquitted of the charges u/s 302 IPC and Section 27 of the Arms Act, but admittedly, the petitioner has been convicted for an offence u/s 304 Part-I of the Indian Penal Code and sentenced to imprisonment for seven years. The Revolver in question has been used by him in the commission of the said offence. Though, he had taken the plea of self-defence, it was found that he had exceeded his right of self-defence. In these circumstances, when the petitioner used the Revolver in question for causing the death of a person and has been held to be guilty u/s 304 Part I IPC and had been sentenced of imprisonment as mentioned above, the petitioner cannot say that he is entitled to the return of the Revolver in question along with the licence. As rightly contended by the learned counsel for the State it has to be confiscated to the State and the learned Sessions Judge concerned will do so and despatch the confiscated revolver to the concerned department. The application has, therefore, to fail. Before parting with this application, we deem it necessary to impress upon the presiding officers of Criminal courts and need to adhere to the provisions of Section 452 of the Code of Criminal Procedure which duty is cast upon them to pass appropriate orders for the disposal of the property concerned or used in the commission of an offence. The Judicial Officers of the Criminal courts are bound to pass such orders at the conclusion of the trial before them. We also find that the judgments in the criminal cases do not have an annexure giving the list of witnesses examined, the documents marked and the material objects exhibited. Such a list will facilitate the easy, quick and proper understanding and appreciation of a case. Therefore, we direct the Registry to issue a circular to all the judicial officers, impressing upon them,-

i) the necessity and duty cast upon them u/s 452, Cr.P.C. to pass appropriate orders at the conclusion of the trial, for the disposal of the property concerned in/used for the commission of an offence:

ii) the need to annex to their judgments the list of witnesses, documents and material objects.

With these directions, this application is dismissed.