STATE OF HARYANA Vs. SADHU

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional Sessions Judge, Kurukshetra, dated 14.5.1988, by which the respondent has been acquitted of the charge under section 25 of the Arms Act, 1959.

(2.) BRIEFLY stated, the prosecution story is that on the night 22/23.4.85, Sub-Inspector Rajpal Singh, the then Station House Officer, Police Station, Sadar Kaithal, accompanied by Constable Puran Mal and other police officials, left Kaithal at about 10.00 p.m. for anti robbery patrolling. At about 12.30 a.m. during the night the police party was present at the crossing in the area of village Dilanwali when the respondent came from the side of village Malheri and, on seeing the police party he tried to slip away. On suspicion he was apprehended and his personal search was conducted in accordance with law. As a result thereof, one country-made 12 bore pistol exhibit P-1 was recovered from the left side dub of his chadder and four live cartridges (Exhibits P.2 to P.5) were recovered from the right side pocket of his shirt. He could not produce any licence or permit for the possession of the firearm and ammunition. Accordingly, rough sketch of the pistol was drawn and then the pistol and the cartridges were taken into possession vide seizure memo attested by the witnesses. A ruqa was sent to the Police Station, Sadar Kaithal, and on its basis the present case against the respondent was registered. A rough site plan of the place of recovery along with correct marginal notes were prepared. After obtaining the sanction of the District Magistrate, the respondent was prosecuted.

(3.) IN order to sustain the charge against the respondent, the prosecution examined Sub Inspector Rajpal Singh PW-1, Investigating Officer of the case, who stated that on the night intervening 22nd and 23rd April, 1985, he was present at the crossing in the area in village Dillanwali that the respondent came from the side of Malheri and was apprehended that on the personal search of the respondent, one country made pistol (Exhibit P-1) and four live cartridges (Exhibits P2 to P5) were recovered from his possession which he had kept without any valid licence that he carried out the entire investigation of the case and that on 1.5.1985 he got the pistol tested by ASI Arjan Singh Armour who found the same to be in working condition. In short, this witnessed supported the prosecution version on all the material points. The prosecution examined Constable Puran Mal PW-2, a witness of the recovery, who also supported the prosecution version regarding the recovery of the pistol and the cartridges from the possession of the respondent in the manner alleged by the prosecution and ASI Arjan Singh PW 3 who proved having tested the pistol on 1.5.1985 and found the firearm to be in working order.