MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, two connected appeals (Cr1. Appeal Nos. 593-SB and 594 SB of 1983) filed by Mukhtiar Singh will be disposed of together. In the first case he has been convicted under sectioll 61 (1) (a) of the Punjab Excise Act and sentenced to one years R.I. and to pay a fine of Rs. 500/-. In the second case he has been convicted under section 25 of the Arms Act and similar sentence has been imposed upon him.

(2.) The substance of the prosecution case is that on the night between 14th and 15th July, 1982, a Nakabandi was held by a Police Party beaded by S.1. Darshanjit Singh. One of the other members of party was A.S.I. Baljit Singh. At about 4. A.M. the appellant Mukhtiar Singh along with his two co-accused Jasbir Singh, Ravinder Pal Singh came there carrying bundles on their heads. They were intercepted by the Police party on suspicion. However one of the accused took out a pistol and fired at the police party. The fire was returned by the police. Fortunately, none was injured in this exchange of fire. All the three accused were apprehended and from the personal search of the appellant Mukhiiar Singh twelve bottles of Aristocrat whisky as well as one country made and two cartridges were recovered. Cases were registered against all the three accused under section 307, Indian Penal Code, as well as under section 610) (a) of the Punjab Excise Act. A case under section 25 of the Arms Act was separately registered against Mukhtiar Singh appellant.

(3.) Admittedly, the appellant Mukhtiar Singh as well as his co-accused Jasbir Singh and Ravinder Pal Singh have been acquitted in the main case under section 307, Indian Penal Code. The trial Court, however relying upon the testimony of S.1. Dharshanjit Singh and A.S.I. Baljit Singh in the separate trials under section 61 (1) (a) of the Punjab Excise Act and section 25 of the Arms Act convicted the accused. In the case under the Excise Act all the three accused were convicted. However, Jasbir Singh and Revinder Pal Singh accused were released on probation. The appellant Mukhtiar Singh was imposed the sentence indicated above. In the case under the Arms Act, in which the appellant Mukhtiar Singh alone was tried, he was convicted and sentenced as aforementioned.