NARENDER SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 29.03.2003 and order of sentence of even date, rendered by Sh. G.K.Dhir, the then Additional Sessions Judge, Patiala, vide which appellant-Narender Singh @ Kala was held guilty under Section 25 of the Arms Act (for short 'the Act') for keeping in his possession .32 bore country made pistol without any permit or license. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/- with default clause to further undergo rigorous imprisonment for 25 days.

(2.) The briefs facts of the case are like this: that on 08.10.2001, SI Jagrup Singh along with police officials was present in the area of village Rawas Brahmana in connection with investigation of the case under Sections 399/402 IPC pertaining to police Station Sadar, Patiala against the accused Narender Singh etc. Raiding parties were formed. One raiding party was headed by SI Jagrup Singh, whereas the other by SI Satpal Singh. Raid was conducted at the un-inhabited brick kiln in the area of Khera Jattan.

(3.) There, out of five persons two could make good their escape, whereas three were nabbed. Their names were Narinder Singh (appellant), Raju and Sonu. First of all, search of the appellant was conducted by SI Jagrup Singh as per rules. On search, a country made pistol .32 bore was recovered from the right dub of the pant worn by the accused. It was unloaded and a live cartridge was taken out from that pistol. Another live cartridge was recovered from the right pocket of the pant of the accused. Both the recovered live cartridges were made into a parcel and sealed with seal of 'JS' whereas recovered pistol was separately sealed with the seal of 'JS'. Thereafter, pistol, MO 1 and live cartridges MO 2 and MO 3 were taken into police possession vide memo. Ex.PB. Prior to that rough sketch of the pistol was prepared as Ex.PA which was signed by H.C.Karamchand and Subeg Singh as witnesses. Seal after use was handed over to Subeg Singh independent witness. Appellant was arrested. Ruqa Ex.PF was sent to the police station for registration of the case whereupon, formal FIR Ex.PF/1 was recorded. Rough site plan Ex.PG was prepared. After obtaining sanction order Ex.PH. from the District Magistrate for launching prosecution under Section 25 of the Act against the appellant, the challan was presented in the Court.