DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.5.2005 passed by learned Additional Sessions Judge, Bathinda vide which accused Dara Singh was convicted for an offence under Section 25 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- and in default thereof, to further undergo rigorous imprisonment for eight months.

(2.) The accused-convict - Dara Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story are that on 17.9.2002 Inspector Gurdarshan Singh, Incharge CIA Staff, Bathinda (hereinafter referred to as the Investigating Officer/IO) along with other police officials was carrying out investigation of the case registered vide FIR No.14 dated 13.2.2002 for the offences under Sections 382/506/511/34 IPC, Police Station Sangat, when accused Dara Singh during the course of interrogation suffered a disclosure statement that he had kept concealed an AK-56 rifle along with three magazines thereof as well as 150 live cartridges of that rifle and 50 live cartridges of.30 bore in the area of Phulo Khari near Kikar trees and such articles had been buried in the earth at that place regarding which only he knew and could get those recovered; in pursuance of that statement, the accused while in police custody got effected recovery of such articles, which were lying wrapped in a glazed paper and were tied with rubber tube of black colour; the recovered articles included a hand granade also; the Investigating Officer prepared separate parcels of AK-56 rile, magazines, live cartridges, hand granade, sealing those with his seal having impression 'GS' and those were taken into police possession vide recovery memos; he sent ruqa to the police station, on the basis of which formal FIR was registered; the Investigating Officer prepared rough site-plan of the place of recovery; he recorded statements of witnesses; after obtaining sanction of District Magistrate and receipt of report of Forensic Science Laboratory, Punjab, Chandigarh. When the investigation was complete, challan against the accused was prepared and filed in the Court of Judicial Magistrate Ist Class, Bathinda.