MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted under Section 25 of the Arms Act and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, by the Court of Additional District Judge, Designated Court, Sangrur. What has been held proved against the appellant is that he was found in possession of one sten-gun bearing No. 13303 and two magazines containing in all 12 live cartridges. The Designated Court relying upon the evidence of Inspector Gurmel Singh, P.W. 2 and A.S.I. Amrik Singh, P.W. 3 held that the appellant was found in possession of that sten-gun and 12 live cartridges. The Designated Court also relied upon the evidence of P.W. 4 Ram Prakash and held that the said sten-gun was in working condition and that the said cartridges were live.

(2.) What was contended by the learned counsel for the appellant was that the appellant could not have been tried again for possession of sten-gun and 12 live cartridges as in Special Sessions Case No. 5/95 when he was tried along with other accused the question of possession of sten-gun was also considered and the prosecution evidence in that behalf was not believed. In our opinion this contention is thoroughly misconceived. In Sessions Case No. 5/95 the appellant along with 4 other accused was tried for the offences punishable under Sections 399 and 402, IPC and Section 3 of the TADA Act. The appellant was not tried in that case for possession of fire-arms without a valid licence. He was also not tried for the offences punishable under Section 5 of the TADA Act. It, therefore, cannot be said that the appellant was tried earlier for the same offences and, therefore, he could not have been tried again. In the trial for the offences punishable under Sections 399 and 402, IPC and Section 3 of TADA Act what was disbelieved by the trial Court was that the accused had collected at Kotah with an intention to commit dacoities and that they were apprehended before they could achieve their object. The trial was for different offences and, therefore, it was open to the Designated Court trying Special Sessions Case No. 6/95 to decide the same on the basis of evidence led by the prosecution in that case.

(3.) It was also submitted by the learned counsel that the offences punishable under Section 25 of the Arms Act and Section 5 of the TADA Act could have been tried along with offences punishable under Sections 399 and 402, IPC and Section 3 of the TADA Act. In support of his submission he relied upon Section 220 of the Criminal Procedure Code. What is overlooked by the learned counsel is that it is an enabling provision which permits the Court to try more than one offence in one trial. The Court may or may not try all the offences together in one trial. It cannot be said that by trying separately the Designated Court committed any illegality.