KASAM ALI @ KASU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASAM Ali alias Kasu, Ahmed Yar alias Amman and Hakam AD appellants (all Pak nationals) were convicted for the offence under section 307 read with section 34, Indian Penal Code, and each one of them was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 200/- or in default of payment of fine, to undergo further rigorous imprisonment for two months by the learned Additional Sessions Judge, Ferozepur vide his judgment and order dated 19th October, 1982. They have challenged there conviction and sentence by way of Crl. A. No. 746-SB of 1982. They were separately tried for the offence under section 25 of the Arms Act and were convicted and sentenced for the said offence to undergo rigorous imprisonment for one year, which was ordered to run concurrently with the sentence awarded to them in the main case under section 307/34, Indian Penal Code. They have challenged their conviction and sentence under the Arms Act by way of Criminal Appeals No. 747-SB, 748-SB and 749-SB of 1982 respectively. As all the four appeals arise out of the same incident, these will be disposed of by this common judgment.

(2.) THE prosecution case as set up at the trial was that on the night intervening of 25th/29th April, 1982, Inspector Harbans Lal organised four naka parties and the party headed by S.I. Behari Lal (PW.4) joined Tek Singh and Karnail Singh (PW1) with them. The naka was started on the Abohar Hindumal Kot road at 0.15 a.m. on 26th April, 1982. All the four naka parties held nakabandi on that road within the area of Police Station City Abohar.

(3.) ON the personal search of the appellants one Pathani rifle of 303 bore (Ex. P.1) was recovered from the right hand of Kasam Ali Appellant. One empty cartridge (Ex. P.2) was recovered from the chamber of the rifle and one empty cartridge (Ex. P.3) was recovered from near the place of occurrence. Seven live cartridges which were missed of 303 bore were recovered from the pocket of the shirt of Kasam Ali appellant. The said article one made into there parcels and were taken into possession vide memo attested by the PWs. 10 kgs of Opium was recovered from each of the appellants and from Kasam Ali appellant seven watches were also recovered. From the right hand of Ahmad Yar appellant one country made 12 bore pistol was recovered and one empty from the pistol was also recovered. Two live cartridges of the same bore were also recovered from the pocket of Amhad Yar appellant. Sketch of the pistol was prepared and the pistol and the cartridges were made into three parcels and were taken into possession vide memo attested by the PWs. One country made 12 bore pistol and there live cartridges were also recovered from Hakim Ali appellant and they were taken into possession after making them into sealed parcles. Rs. 40/-, Rs. 20/- and Rs. 15/- in Indian currency were also recovered from the appellants respectively. As the rifle and the pistol were found to be in working order by S.I. Behari Lal (PW4), so the appellants were arrested. On the basis of the ruqa sent by the Sub-Inspector Behari Lal PW, the case against the appellants were registered at Police Station City Abohar vide F.I.R. No. 168, dated 26th April, 1982, under section 307 read with section 34, Indian Penal Code.