JASMAIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has arisen out of the judgment dated 21.11.2002 dismissing the appeal of the accused - petitioner Jasmair Singh (herein referred as 'the accused') against the judgment dated 23.5.1998 passed by Sub Divisional Judicial Magistrate, Malout convicting and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs.500/- under Section 409 IPC and to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- under Section 201 of the Indian Penal Code 1860.

(2.) Factual matrix of the case is that the accused while posted as Head Constable at Police Station Lambi apprehended an accused in case FIR NO.107 dated 4.9.1991 under Section 25 of the Arms Act registered at Police Station Lambi and recovered a pistol and two live cartridges, but he did not prepare the file and deposit the same in the 'Malkhana' and also did not hand over the same to any other Investigating Officer. He also did not send any document or case diary to VRK Branch. Resultantly, he was dismissed from service and on account of mis-appropriation of the pistol and two live cartridges, the present case was registered against him and the investigation commenced. Ultimately, the report under Section 173 of the Code of Criminal Procedure, 1973 was filed in the court.

(3.) Finding a prima facie case against the accused, he was charged under Section 409/201 IPC, to which he pleaded not guilty and claimed trial.