JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act (for short "TADA") against the conviction of the appellants under Section 392, IPC and Section 3 of TADA by the learned Designated Judge, Nabha.

(2.) The prosecution case in nutshell is that the accused persons entered into the house of one Arjan Singh and asked him to hand over his licensed gun. Arjan Singh replied to them that the gun had already been deposited in the police station and it was not available in the house. But the accused persons threatened him with dire consequences and then the wife of Arjan Singh appeared at the scene of occurrence and, on being asked, she delivered the gun in question to the accused persons.

(3.) On 16th August, 1991, a report was lodged at the police station on the basis of which the investigating agency started investigation. On completion of the investigation, finally a charge-sheet was filed and the accused persons stood their trial. While investigation in the aforesaid case was going on, according to the prosecution, there was an encounter on 31st August, 1991 between the accused persons and the police party in which the gun in question was recovered from the possession of the accused persons. In respect of the said occurrence on 31st August, 1991, an F.I.R. No. 170 was lodged. In the said trial arising out of F.I.R. No. 170, the accused persons have been acquitted, but so far as the case arising out of F.I.R. No. 158, dated 16-8-1991 is concerned, the accused persons have been convicted under Section 392, IPC and Section 3 of TADA, as already stated, by the learned Designated Judge and we are concerned in this appeal with the said case.