SIRI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 11.9.1987, passed by the Court of Additional Sessions Judge, Hisar who maintained the conviction of the petitioner Siri Krishan under Section 409 of the Indian Penal Code.

(2.) THE brief facts of the case are that one Shah Mandal alias Mandal son of Nathu, resident of village Sandlana was challaned by the police of Narnaund in case FIR No. 172, dated 5.12.1977 regarding his being possessed of a revolver .38 bore, 18 live cartridges of 9 mm, 12 live cartridges of .12 bore and eight empties which were allegedly got recovered by him in pursuance of the disclosure statement made by him. The arm and ammunition of that case were deposited in the Malkhana. During trial of the case against the Shah Mandal, the arm and ammunition were found missing from Hansi Malkhana of which present petitioner was the Moharrir incharge. On the basis of the evidence produced, Shah Mandal got an order of acquittal on 15.1.1981 from the Court then presided over by Shri G.L. Goel, Sub Divisional Judicial Magistrate, Hansi. Since the case property of the case under the Arms Act against Shah Mandal was not produced in the Court at the time of trial and since it was reported to be missing from the Malkhana, the Assistant District Attorney Hansi lodged the report Ex.PA with the police upon which formal FIR Ex.PA/1 was recorded by S.I. Jagdish Chander. The investigations of the case were taken in hand. The challan against the petitioner was presented. 2. The copies of the documents were supplied to the accused and charge under Section 409 of the Indian Penal Code was framed against him. Accused pleaded not guilty of the charge and claimed a trial.

(3.) THE learned Magistrate believed the story of the prosecution and vide judgment and order dated 21.2.1986 and 22.2.1986 convicted the petitioner under Section 409 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further R.I. for three months.