DHARAMVIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts and evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record is that on 26.07.1999, as soon as, a police -party headed by Inspector Wasakha Singh, consisted of SI Gurmail Singh (PW 1), SI Daya Singh and other police officials, was present at 'T -Point Mohindra College, Patiala, in the meantime, a secret information was received that appellant -Dharamvir and his other co -accused armed with deadly weapons were sitting near the wall of cremation ground and preparing to commit bank dacoity or to loot some Petrol Pump in Patiala City. If raid is conducted, then the accused can be apprehended at the spot. Consequently, PW 1 has sent the ruqa to the Police Station for registration of the case, on the basis of which, a separate case was registered against the accused, including the appellant, vide FIR No. 259 dated 26.07.1999 (for brevity "the main case"), for the commission of offences punishable under Sections 399 and 401 IPC, by the police of Police Station Kotwali Patiala, which was separately tried by the trial Court. Sequelly, in the instant case, the prosecution claimed that during the course of investigation of the main case, five accused including appellant -Dharamvir were arrested by the police from the cremation ground, Ghalauri Gate, Patiala. In pursuance of personal search,.32 bore country -made revolver was recovered from the possession (right side "Dabb") of the appellant along with two loaded live cartridges, which were taken into possession by the investigating officer vide recovery memo (Ex. PB) and attested by the witnesses. The sketch (Ex. PA) of the revolver was also prepared. A ruqa (Ex. PD) was sent to the Police Station, on the basis of which, present formal FIR (Ex. PD/1) was recorded in this regard.

(2.) LEVELLING a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that one country -made revolver with two loaded live cartridges was recovered from the possession of the accused, without any permit or license. In the background of these allegations and in the wake of writing (ruqa) (Ex. PD), the present criminal case was registered against the accused, vide FIR No. 261 dated 26.07.1999, on accusation of having committed an offence punishable under Section 25 of the Arms Act, by the police of same Police Station Kotwali, Patiala, in the manner depicted here -in -above.

(3.) HAVING completed all the codal formalities, the accused was charge -sheeted for the commission of offence punishable under Section 25 of the Arms Act by the trial Court. As, he did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution.