KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide order dated 21-10-2000, Additional Sessions Judge, Amritsar convicted Kulwant Singh alias Kanta accused under S. 25 of the Arms Act and 4 and 5 of the Explosives Substances Act, 1908 and S. 6 of the Telegraph Act, 1985 and sentenced him as follows :- Sr. No. Under Section Imprisonment and fine

(2.) Not satisfied with his conviction and sentence recorded against him by Additional Sessions Judge, Amritsar, he has come up in appeal to this Court.

(3.) Brief facts of the case are that on 16-11-1995, SI Sukhdev Raj was posted as SHO Police Station Patti when he was informed by SI Surinder Pal Singh, SHO, PS Sirhali that there was secret information against Kulwant Singh alias Kanta with him since 27-10-1995. On the basis of that information couched in ruqa Ex. PC case FIR No. 203 dated 27-10-95 was registered at PS Patti under S. 25 Arms Act and that he should be ready to conduct raid at his tubewell. SI Surinder Pal Singh accordingly reached Police Station, Patti. SI Sukhdev Raj, SI Surinder Pal Singh, SI Nirmal Singh and other police officials raided the tubewell/motor (kotha) of Kulwant Singh alias Kanta accused, where he was found sleeping. He was taken into custody and interrogated. On interrogation, he disclosed that he had kept concealed one walkie-talkie set, four bombs, fuse wires, one magazine and 30 rounds in his tubewell kotha and that he alone was aware about their concealment and that he could get the same recovered. His disclosure statement Ex. PE was recorded. It was signed by him and attested by the witnesses. He got recovered wireless set Ex. P1. antena Ex. P2, five metre wire Ex. P3, four bombs Ex. P4 to P7, 36 fuse wires Ex. P8 to P43, 30 cartridges Ex. P44 to P73, magazine Ex. P74, and one battery Ex. P75 and Gunny bag Ex. P76. These were taken into possession vide memo Ex. PF. These had been made into sealed parcel sealed with seal bearing impression 'SR'. Offences made out under S. 3 of the Official Secrets Act and 4 and 5 of the Explosives Substances Act, 1908 were added to the already registered FIR. Visual site plan was prepared as to the place of recovery.