GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this revision petition against the judgment dated 18.9.91 passed by learned Additional Sessions Judge, Jalandhar whereby the conviction and sentence awarded by the learned trial Court to the petitioner has been confirmed. The learned trial Court convicted and sentenced the petitioner to undergo RI for 1-1/2 years and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo further RI for three months vide order dated 30.8.1988 in case FIR No. 97 dated 16.7.1995 registered under Sections 25/54/59 of Arms Act at Police Station Kartarpur, Jalandhar.

(2.) THE prosecution story is that at around 5.45 p.m. on 16.7.1985, Swaran Singh, PW-3, the then D.S.P. City-II, Jalandhar received a secret information against the accused that he was in possession of a large quantity of arms and ammunition and that if a raid was conducted the same could be recovered from him. On this tip-off, he recorded a ruqa Ex.PD and sent it to Police Station, Kartarpur. On the basis of this, FIR Ex. PD/1 was registered. PW-3 alongwith some other police officials left for Village Naugajja in Government Matador No. PAQ-4594 and Government Jeep No. PAJ-8569. After joining Lashkar Singh, Ex-Sarpanch from the village, a raid was conducted in the house of the petitioner, who was found present there. PW-3, Swaran Singh arrested the petitioner and interrogated him in police custody. He suffered a disclosure statement that he had kept buried and concealed in a pit near the corner of his kitchen a stengun, two revolvers, one pistol and cartridges by wrapping them in a white gunny cloth and that he had their exclusive knowledge and could get the same recovered by giving nishan dehi. Accordingly, his disclosure statement Ex.PA was recorded which was signed in token of its correctness. Inspector Narinder Pal Singh, Amrik Singh and Ex-Sarpanch, Lashkar Singh attested it. From the pointed place, recovery was effected and stengun mark II No. 6103-G with 23 live cartridges of 9 mm bore, one revolver mark 32 Pak Made with 4 cartridges of 9 mm bore, one revolver mark 32 Pak Made with 4 cartridges of 32 bore, one pistal 9 mm No. 36840 ES PANA ASTRA MOO 600/43, one revolver 455 bore Weblay mark-I whose number had been rubbed of but 27973 was legible, six spent cartridges and one missed 455 bore cartridge which were wrapped in a white gunny cloth. The petitioner could not produce a valid license or permit for keeping these arms and ammunition in his custody.

(3.) IN his statement recorded under Section 313 Cr.P.C. the petitioner pleaded false implication and claimed innocence. In his defence, he examined DW-1 Boota Ram, DW-2 Pakhar Singh and closed his evidence.