CHAMKAUR SINGH ALIAS KAURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against the judgment passed by Additional Sessions Judge, Faridkot, whereby the appellant has been held guilty of offence under Section 25 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.200/-, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) Counsel for the appellant has stated that appellant was named as accused in case FIR No.10 dated 19.01.1996 registered at Police Station Nihal Singh Wala under Section 25 of the Arms Act. It is submitted that the present FIR is an offshoot of case FIR No.7 dated 19th January, 1996 registered at the same Police Station Nihal Singh Wala under Sections 399/402 IPC. Therefore, counsel has submitted that these very police witnesses have not been believed by the trial Court in the main trial, in which appellant was tried for offence under Section 399/402 IPC. FIR Ex.PE/1 was recorded on the basis of ruqa Ex.PE sent by SI Jagjit Singh.

(3.) Prosecution case in brief can be stated as under. On 19th January, 1996 SI Jagjit Singh along with his companion police officials, was member of the raiding party headed by Inspector Gurmail Singh. The raid was conducted in the area of village Patto Hira Singh on the basis of a secret information. The appellant Chamkaur Singh along with his companions was apprehended and a separate case was registered under Section 399/402 IPC. SI Jagjit Singh affected arrest of accused Chamkaur Singh. From his possession, one country made pistol of 12 bore, along with two live cartridges, was recovered. Memo of possession was drawn and same was attested by constable Dilbagh Singh and constable Tarsem Singh. SI Jagjit Singh prepared a ruqa Ex.PE and sent the same to Police Station for the registration of case.