KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The appellant took trial under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short TADA) read with Section 25 of the Arms Act.

(2.) The case of the prosecution is, on 27-1-89 a police party headed by ASI Dilbagh Singh consisting of Head Constable Balwant Singh and other police officials was present in the area of Railway crossing Chhebarta. A secret information was received that the appellant was in possession of huge quantity of unlicenced arms and ammunity. A raid was conducted. The accused (appellant) was taken into custody. He made a statement to the effect that he kept concealed one pistol of 9 m.m. bore along with 60 live cartridges of the same bore under bricks lying near the main gate of the house. This statement of the accused was attested by Head Constable Balwant Singh and Chaukidar Shingara Singh. Acting on this statement, the pistol of 9 m.m. bore along with 60 cartridges were recovered after digging out some bricks, Inasmuch as he did not have a valid licence, he was proceeded against under Section 5 of TADA. The prosecution examined PW2 armourer, the investigating officer PW3 and eye-witness PW4. However, chaukidar was given up since he was wonover by the appellant.

(3.) The case of the appellant as found in the statement under Section 313 of the Code of Criminal Procedure was that he had been falsely implicated. In support of his defence he also examined DW 1. The learned Judge of the Designated Court on weighing the evidence came to the conclusion that the discripancies pointed out by the appellant in the evidence including the delay in sending the fire-arm to test whether it was in working condition would not in any manner affect the credibility of the prosecution case. Therefore, he sentenced him to five years' rigorous imprisonment under Section 5 of the Act read with Section 25 of the Arms Act.