AMARJIT SINGH ALIAS BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed by the appellant Amarjit Singh babbu canvassing the correctness of the judgment made in Sessions Case No. 307 of 1990 on the file of the Additional Judge, Designated court, Amritsar, convicting him under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 and sentencing him to undergo imprisonment for a period of 5 years and also to pay a fine of Rs. 1,000. 00 in default to suffer RI for three months.

(2.) According to the prosecution on 25/6/1990 PWs 2 and 3 were on duty and at about 5. 00 a. m. they arrested the appellant and found him in possession of a revolver Ex. P-1. On examination of the revolver, cartridges Ex. P-2 and Ex. P-3 were found. The Roznamcha was prepared by Public Witness 3 for the recovery of the weapon and cartridges which was attested by PWs 2 and 3.

(3.) The appellant was prosecuted under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987. The prosecution examined four witnesses of whom Public Witness 1 is a clerk in the office of the District Magistrate who speaks about the sanction. PWs 2 and 3, the Head Constable and Sub-Inspector speak about the arrest of the appellant as well as the recovery of Exs. P-1 to 3. Public Witness 4 is an armour expert who speaks to the fact that on examination of the weapon, he found that the weapon was in working condition. Accepting the evidence of these witnesses and also the recovery of the weapon, the learned Judge found him guilty and sentenced him as aforementioned. Hence the present appeal.