HARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1st June 1998 passed by the Additional Judge, designated Court, Karnal at Ambala in TADA Case No. 63/96. By the impugned judgment and order the learned Judge acquitted the appellant and three other accused for the offences punishable under Sections 3, 5 and 6 of the TADA Act and Section 120b of the I. P. C. However, he convicted the appellant for the offence punishable under Section 25 of the arms Act, 1959.

(2.) The learned Judge while awarding the sentence observed that appellant harjit Singh was not a first offender and that he was found in possession of one AK 56 rifle, one magazine and 70 live cartridges of AK 56 rifle. He also considered that as per the provisions of Section 25 (1a) of the Arms act, whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of Section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine. Hence, he sentenced the accused to undergo rigorous imprisonment for a period of seven years and to a fine of Rs. 5,000/- in default of payment of fine, to undergo rigorous imprisonment for a further period of one year.

(3.) The learned Counsel for the appellant at the time of hearing submitted that there is nothing on record to indicate that the appellant was convicted in any other offence earlier. Therefore, the reason given by the learned judge for imposing higher punishment is without there being any evidence. Learned Counsel for the respondent is not in a position to point out any evidence on record to justify the said reason recorded by the learned Judge.