LIDDU @ SALOOK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was tried and convicted for an offence punishable under section 25 of the Arms Act by the learned Sessions Judge, Gurgaon. He was sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 500/or in default to make payment thereof to further undergo two months rigorous imprisonment. The substantive sentence was ordered to run concurrently with the sentence awarded in the other connected case. Feeling aggrieved against his conviction and sentence, the appellant has come up in appeal.

(2.) IN brief, the facts of the prosecution case are that the appellant was arrested in a murder case registered against him vide an First information Report No. 128 of 1990 under Section 302 of the Indian Penal Code at Police Station Sohna by the Assistant Sub Inspector Chhote Lal on 24.5.1990. On interrogation, just after his arrest. in the presence of Om bir and Krishan witnesses, the accused disclosed having buried a spring knife after wrapping it in a newspaper in the northern eastern corner of the field of Varinder Singh, touching the passage. His statement Exhibit PD was recorded, Thereafter, he led the police party to the said place and got recovered a spring knife which was taken into possession after putting it in a sealed parcel. IA case under section 25 of the Arms Act was got registered at police station Sohna on that very day vide an First Information Report Exhibit PA/1.

(3.) BEFORE the trial Court, in order to prove its above referred case, the prosecution examined Assistant Sub Inspector Chhote Lal PW3 only, besides examining Head Constable Mahabir Singh in order to prove the registration of the case and Assistant Sub Inspector Sheodan Singh to prove the submission of the final report under Section 173 of the Code of Criminal Procedure. Ombir and Krishan non-official witnesses were given up as having been wonever by the accused.