MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh, appellant, was tried and convicted by the learned Sessions Judge, Faridkot, on the charge under Section 25, Arms Act for the possession of spear without licence. He was awarded six months imprisonment and fine of Rs. 200/- or in default to undergo further rigorous imprisonment for one month. Feeling aggrieved with his conviction and sentence, he has come up in appeal.

(2.) IN brief the facts of the prosecution case are that Mangal Singh, appellant, was arrested by A.S.I. Gurdip Singh on 8th of April, 1989, in the connected murder case against him under Section 302, Indian Penal Code. On interrogation, in the presence of Head Constable Harjit Singh, A.S.I. Gurdip Singh and Gurmail Singh, P.W., the accused suffered a disclosure statement, Exhibit PA, having kept concealed a spear, in his Tooriwala Kotha. Thereafter he led the police party to the said place and got recovered spear stained with blood. It was taken into possession after wrapping it in a sealing parcel and drawing its rough sketch, Exhibit PC. The accused could not produce any valid licence for the possession of spear and a case under Section 25, Arms Act was registered against the accused through a ruqa Exhibit PD at the police station. The Assistant Sub-Inspector also prepared rough site plan of the spot besides recording statements of the witnesses. After completion of the investigation, the accused was arraigned for trial on such like allegations by submitting the charge sheet before the committing Court. This case was also committed to the Court of Session for trial, as the spear was alleged to be a weapon of offence in the connected murder case.

(3.) THE trial Court believing the above referred evidence, convicted and sentenced the appellant, as referred above.