KHARAK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kharak Singh has directed this appeal against judgment dated 17.7.2002 rendered by Additional Sessions judge (Adhoc), Faridabad, whereby the appellant was convicted for offence under Section 25 of the Arms Act.

(2.) The appellant was convicted as one of the accused in case F.I.R. No.65 dated 9.4.2000 registered at Police Station Chhainsa under Sections 307, 285 IPC and Section 25 of the Arms Act. The trial Court held that so far as the case against the appellant and his co-accused for offence under Section 307, 285 IPC is concerned, the same was not proved and hence they were acquitted of the charge. Therefore, this Court need not to notice evidence of the witnesses who have deposed against the appellant for offences under Sections 307 and 285 IPC.

(3.) The appellant was arrested on 3.5.2000. It has come in the testimony of PW-9 Lekh Raj Dagar, who was posted as SI/SHO, Police Station Chhainsa stated that on 2.5.2000, Vijay Pal, Namberdar and Shiv had produced Kharak Singh, the present appellant. He was arrested on that day in a case pertaining to offence under Section 302 IPC. On next date i.e. 3.5.2000 arrest of the appellant was effected for a case under Section 307 IPC to which the present F.I.R. pertains. It is further the case of the prosecution that on 4.5.2000 the appellant was taken out of the police lock up and he made a disclosure statement (Ex.PJ) that he had kept concealed a country made pistol in his house. In pursuance thereof recovery of country made pistol was made from the house of the appellant in the presence of PW-8 ASI Rishi Raj and PW-7 Head Constable Jai Narain vide recovery memo Ex.PE/1. Recovery memo Ex.PE/1 is also attested by the same witnesses who attested disclosure statement (Ex.PJ).