SINGH RAM ALIAS SINGHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 5 of the terrorist and Disruptive Activities (Prevention) Act (hereinafter called 'tada') and sentenced to suffer five years' rigorous imprisonment and pay a fine of Rs 500. 00. In default of payment of fine, he was directed to undergo rigorous imprisonment for three months. The appellant has questioned his conviction and sentence through this appeal under Section 19 of TADA.

(2.) The prosecution case against the appellant is that on the night intervening 26th and 27th of January, 1993 Sub-Inspector Siri Krishan Public Witness 3 held nakabandi on the road leading from Chotpura to Dabkali in the area of Village dabkali when the appellant was apprehended on suspicion at about 5. 00 a. m. in the presence of Gurnam Singh Public Witness 1. From the search of the appellant by Siri krishan SI Public Witness 3, in the presence of Gurnam Singh Public Witness 1 and the other members of the police party, a 12 bore loaded country-made pistol was recovered from the right dab of his pyjama. From the right side pocket of the shirt of the appellant, two cartridges were recovered out of which one was a missed cartridge. The pistol was sent for testing and Public Witness 2 Constable Pramod kumar on 10/2/1993 tested the pistol and opined that its Firing mechanism was in order as per his Written report Ex. PO. Sanction for the prosecution of the appellant was obtained from the District Magistrate, Karnal and sanction order ex. PF was duly exhibited during the trial. Besides the three witnesses mentioned above, the prosecution gave up all other witnesses as unnecessary. When examined under Section 313 Criminal Procedure Code, the appellant denied the prosecution allegations and pleaded false implication.

(3.) The learned Designated court considered the evidence of three witnesses referred to above and found the same to be cogent and reliable and convicted and sentenced the appellant as noticed above.