HARJEET SINGH S/O HARBANS SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 24.06.1995, passed by learned I Additional Sessions Judge, Nainital, in Sessions trial No. 79 of 1994, whereby the accused/appellant Harjeet Singh has been convicted under Section 411 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and directed to undergo rigorous imprisonment for a period of two years.

(2.) HEARD learned Counsel for the parties and perused the lower court record.

(3.) AS to the recovery of the gun which was recovered by the Gurgaon police, the accused/appellant himself has admitted in his statement under Section 313 of Cr.P.C. that he had already been convicted by the Additional Judge (Designated Court), Faridabad, on 07.05.1990. He has further admitted that he was sentenced to five years imprisonment and also directed to pay fine of Rs. 500/ -. It is also admitted by him that he did not prefer the appeal against said order, which attained finality. Therefore, as far as the recovery of the DBBL gun No. 8000056 from the accused/appellant Harjeet Singh is concerned, the same stands proved on the record, not only on the basis of the statement of C.W. 1 Babu Lal, A.S.I., but also from the recovery memo (Ext. A -4) and the admissions made by the accused/appellant before the trial court. The only other point required to be proved by the prosecution for conviction of the accused/appellant in connection with offence under Section 411 of I.P.C. was that the DBBL gun No. 8000056 was stolen property. This fact has been proved on the record by P.W. 1 Baldev Raj Sharma, who has proved that on 29.03.1989, at about 09:30 P.M., dacoits entered in his house in Village Harlal Pur, and looted his DBBL gun No. 8000056 (12 Bore).