LAWS(P&H)-2011-11-200

SATNAM SINGH @ MOHLI Vs. STATE OF PUNJAB

Decided On November 18, 2011
Satnam Singh @ Mohli Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRESENT appeal has been filed by Satnam Singh @ Mohli. He was tried in a case FIR No. 48 dated 22.03.2002 registered at Police Station Sultanpur Lodhi under Section 25/54/59 of Arms Act (hereinafter referred to as, 'the Act').

(2.) THE Court of Additional Sessions Judge (Fast Track), Kapurthala vide its judgment dated 20th May, 2003 held the appellant guilty of an offence punishable under Section 25 of the Act for having in his possession a country -made 12 bore pistol along with three live cartridges. The Court vide a separate order of even date sentenced the appellant to undergo rigorous imprisonment for a period of 1 1/2 years and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo rigorous imprisonment for one month.

(3.) PROSECUTION case against the appellant emerges in the statement made by ASI Parkash Singh PW -2. He stated that on 22nd March, 2002 he was posted as an In -charge, Police Post Talwandi Chaudharian. On that day, he along with other police officials was present at village Dandupur in connection with the investigation of a case FIR No. 43 dated 15.03.2002 registered at Police Station Sultanpur Lodhi under Sections 307, 392, 34 IPC and 25/54/59 of the Arms Act. Satish Kumar Chura ex -MC arrived and was made to join the police party. One scooter bearing registration number PCR -1554, was spotted coming from the side of Mundi and was stopped for general checking. Three persons were sitting on the scooter. The police party asked the names and whereabouts of those persons. One of them disclosed his name as Sukhdev Singh @ Buta son of Puran Singh, resident of Basti Saidpur. He was wanted by the police in the above said FIR No. 43 dated 15.03.2002. The remaining two persons disclosed their names as Satnam Singh and Baljinder Singh @ Theka. Personal search of the accused was carried and from Satnam Singh one country made .12 bore pistol was recovered. Same was taken into possession along with three live cartridges. The pistol was exhibited as Ex.P1 and the live cartridges as Ex.P2 to Ex.P4. Rough sketch of the pistol was drawn as Ex.PB. Ruqa Ex.PF was sent to the Police Station, on the basis of which formal FIR Ex.PF/1 was registered.