STATE OF PUNJAB Vs. VIRSA SINGH

JUDGEMENT

(1.) In pursuance of disclosure statement allegedly made by accused Virsa Singh to him S.I. Sardara Singh of Police Station Patti district Amritsar in Punjab State is alleged to have recovered from the conscious possession of the accused from inside the corner of his residential house in Ward No. 9, Patti an explosive live hand granade on October 1, 1980. Vide its impugned judgment dated May 4, 1984 learned trial court acquitted the accused on the grounds that the disclosure statement was recorded before apprehending the accused in police custody and that the prosecution had not adduced any evidence to prove that the hand granade was recovered from the possession of the accused in circumstances giving rise to a reasonable suspicion that he had the same in possession not for a lawful object. Feeling aggrieved therefrom the State of Punjab has filed Criminal Appeal No. 550-DBA of 1984 in this Court.

(2.) We have heard Sri S.K. Sharma, D.A.G, Punjab, for the appellant State, Shri AS. Kalra, Advocate, for the respondent and have carefully' perused the relevant material on record.

(3.) Legal proposition availed of by the learned trial court for recording the judgment of acquittal finds favour in the observations made by this Court in Jai Singh v. The State of Haryana, 1980 ChandCriC 99, which reads :