MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17/18.12.1992 passed by the Additional Sessions Judge Karnal by which the appellant has been convicted under Section 25 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three months and a fine of Rs. 50/- and in default of payment of fine to further imprisonment for 15 days.

(2.) Briefly stated the fact of the prosecution case are as under: On 7.3.1990 Sub-Inspector Badan Singh arrested the accused from the road which leads to village Bassi from village Sarafali in a murder case F.I.R. No. 111 dated 4.3.1990, Police Station Assandh. On interrogation in the presence of Dalip Singh and Makhan Singh, the accused made disclosure statement Ex. P.F. that he had kept concealed one Barchha in his field under the heap of Toria and that he could get the same recovered. This disclosure statement was reduced into writing which was signed by the accused and attested by Dalip Singh and Makhan Singh. Then the accused led the police party to the above place and got recovered Barchaa Ex.P. 1 from underneath the heap to Toria. Sub Inspector Badan Singh then prepared rough sketch Ex. P.C./1 of the Barchha and took the same into possession in a sealed parcel vide recovery memo Ex. P.C/2. Then S.I. Badan Singh sent ruqa to the police station for registration of case under the Arms Act against the accused.

(3.) In support of its case, prosecution has examined Head Constable Chander Singh, P.W. 1, Constable Ved Parkash P.W. 2, Makhan Singh, P.W. 3 and S.I. Badan Singh, P.W. 4.