HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant - Hans Raj was found guilty under Sec. 25 of the Arms Act read with Sec. 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to five years rigorous imprisonment and to pay a fine of Rs. 500.00, in default to undergo further imprisonment for six months.

(2.) The learned counsel for the appellant submits that the learned designated judge convicted the appellant on the sole evidence of the police witnesses, who are all interested witnesses, and there is ample material to show that there was hostility between the appellant and the police in view of the fact that the appellant's brother one Sajjan Kumar, a correspondent of 'Peeng' Newspaper has been writing certain news items in the said newspaper against the Superintendent of Police Mr. Dabwal.

(3.) According to the prosecution on 14th March, 1991 at about 12.30 noon PW-3, the Inspector was present near a railway crossing along with PW-2, another police official. Ravinder and Pahlad, non-officials were also present there. They saw the accused coming from the side of city Bhiwani and seeing the police there, he tried to go back. On suspicion, the accused was apprehended and searched. On search they found one foreign made revolver Ex. P-I along with three cartridges Ex. P-2 to P-4 from his left pocket of the pant. They were recovered under a Panchnama and seized articles were sent to the experts. After completion of the investigation the charge sheet was laid. In support of the prosecution PWs 1-3, the Head Constable and Inspector were examined. The accused when examined under Sec. 313 of the Code of Criminal Procedure, denied the offence and stated that he was falsely implicated in this case by the police due to enmity. In support of his evidence he produced three documents Ex. D-1 to D-3. Ex. D-1 is a copy of the order dated 15th April, 1991 filed in the writ petition; Ex.D-2 is a copy of the writ petition in which the above order was passed and Ex. D-3 is a copy of the report dated 13th April, 1991 made by the Warrant Officer appointed in this writ petition.