JAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was found guilty and convicted by the learned Additional Sessions Judge, Kapurthala, on a charge for an offence punishable under Section 5 of the Explosive Substances Act, 1908, (hereinafter referred to the Act). He was awarded three years, rigorous imprisonment and a fine of Rs. 500/-, or in default of payment thereof to suffer six months further rigorous imprisonment. Feeling aggrieved against the conviction and sentence, he has come up in appeal.

(2.) In brief the facts of the prosecution case are that on February 13, 1984, A.S.I. Harbhajan Singh alongwith Head Constable Naranjan Singh and other Police Officials was proceeding on a government vehicle from village Rehana Jattan to Village Domeli. When this party reached the bridge in the area of village Domeli, the accused happened to accost it. He was apprehended on suspicion and his personal search yielded the recovery of a Hand grenade from a bag carried by him. The Hand grenade was seized. A.S.I. Harbhajan Singh sent ruqa Exhibit PB at 4.30 p.m. to Police Station Saddar Phagwara, for registration of the case for offences under Sections 4 and 5 of the Act, on the basis of which a formal F.I.R. Exhibit PB/i was recorded by Sub Inspector Pritpaul Singh at 5.30 p.m. The Investigator also prepared site plan, Exhibit PC of the spot besides recording the statements of the witnesses. The Hand grenade was sent lathe Controller of Explosives, Agra, who vide his report Exhibit PH confirmed it to be live Hand Grenade of Mills type No. 36 M.M.K. 1 Service Original.

(3.) After obtaining the sanction of the District Magistrate and completion of investigation, the accused was arraigned for trial on such like allegations.