TARLOCHAN SINGH @ RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and final order dt.27/2/2017 passed by the High Court of Punjab & Haryana at Chandigarh (hereinafter referred to as 'High Court') in Criminal Appeal No. CRA-D-1033-DB of 2011, whereby the High Court set-aside the conviction and sentence of the Appellant under Sec. 120-B IPC, however the High Court upheld the conviction and sentence of the Appellant under Ss. 29 & 30 Arms Act whereby the Appellant was sentenced to undergo Rigorous Imprisonment for 3 years under Sec. 29 of the Arms Act and Rigorous Imprisonment for 3 months under Sec. 30 of the Arms Act.

(2.) In brief the case of the prosecution is that on 10/8/2007 on receipt of a telephonic message regarding the death of one Gurdeep Singh (hereinafter referred to as 'deceased'), Inspector Pritam Singh, PS Sadar Rupnagar (hereinafter 'Investigating Officer/ IO') reached the spot and recorded the statement of one Smt. Sukhjit Kaur (A3), W/o deceased Gurdeep Singh wherein she stated that she was married to deceased on 13/12/2005, after the marriage the deceased returned to Dubai where he worked as a Truck Driver, leaving her to live in her matrimonial home with her mother-in-law. The deceased returned to India on 1/8/2007 and on

(3.) Based on Sukhjit Kaur's statement the police recorded FIR No. 119/2007 under Sec. 302 of IPC and Sec. 24 of Arms Act. The Sr. Superintendent of Police, Rupnagar had reached the spot and the deceased's mother, Smt. Bhupinder Kaur, had identified the body of her son, whereafter, one Jit Singh, Ex. Sarpanch of Village Allaur, told the IO that the murder had been committed by Sukhjit Kaur in connivance with her friend/lover Gurpreet Singh @ Titu and one Sukhjinder Singh, the same was affirmed by the deceased's mother. Thereafter, on 12/8/2007 Jit Singh and one Ranjit Singh produced Sukhjit Kaur, Gurpreet Singh @ Titu and Sukhjinder Singh before the IO, who arrested them, Jit Singh further informed the police that Gurpreet Singh and Sukhjit Singh had admitted to be in love with each other and all three accused had admitted their guilt before him. While in police custody accused Gurpreet Singh @ Titu gave a disclosure statement that he had kept concealed an empty cartridge/shell hidden under some bricks in the farm house in Village Sanana, thereafter the accused led the police to the spot for the recovery of the same. Subsequently, during the course of interrogation the accused Gurpreet Singh @ Titu suffered another disclosure statement while in custody, wherein he stated that he had kept concealed the Double Barrel 12 bore Gun at his farm house in Village Sanana, about which only he knew, the same was recovered and siezed by the police at his behest. Later the Accused Gurpreet Singh @ Titu stated that the gun belonged to the appellant, on further investigation by the IO, it was found that the gun used in the murder of deceased was licensed on the name of the appellant. Subsequently, the appellant was arrested and in his disclosure statement dt.15/8/2007 he told the police that he had kept the gun license for the Double Barrel 12 bore gun in his house which only he knew about, thereafter, the appellant took the police to his house and got recovered the license.