Karnail Singh vs State of Punjab

Sukhdev Singh, Kang, J.

Karnail Singh, applicant, son of Bachan Singh was tried for an offence under section 302, Indian Penal Code, inter alia. On the allegations that he had fired at Smt. Kulwant Kaur with a gun belonging to his father. Karnail Singh was convicted by the learned trial Court but he has been acquitted by this Court. After his acquittal Singh filed an application (Cr. Misc. 2886/86) for the return ot the gun. This application was allowed on May 28, 1986 by a Division Bench of this Court. Since the gun belonged to Bachan Singh, it could not be given to Karnail Singh. So, Karnail Singh moved another application on August 8, 1986 (Cr. Misc. 4813/86) for correction/modification of the order dated May 28, 1986 and seeking a direction that the gun along with it, its licence be returned to Bachan Singh. This application was kept pending because it was pointed out that a Special Leave Petition had been filed in the Supreme Court by the State of Punjab against the judgment of this Court acquitting Karnail Singh, applicant. The applicant has attached a copy of the order dated October 29, 1987, of the final Court indicating that the special leave petition filed against the acquittal of Karnail Singh has been dismissed.

It is not disputed that the gun in question belonged to Bachan Singh and that Karnail Singh, applicant had been acquitted of the offence which allegedly had been committed with this gun. There is, thus, no option but to return the gun along with its licence to Bachan Singh.

We allow this application, modify the order dated May 28.1.1986 and direct the respondent to return the gun and the licence to Bachan Singh.