MALKIAT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 10.11.2001 passed by learned Additional Sessions Judge, Ludhiana, whereby appellant has been convicted and sentenced to undergo rigorous imprisonment for one year and fined Rs. 500/ - under Section 25 of the Arms Act, in default of payment of fine to further undergo rigorous imprisonment for three months in a case arising from FIR No. 38 dated 03.03.1996 registered under Section 25/54/59 of the Arms Act at Police Station Sahnewal.

(2.) THE factual matrix of the prosecution version is to the effect that on 03.03.1996 ASI/SHO Naginder Singh along with other police officials was present in connection with investigation of case FIR No. 35 dated 01.03.1996 under Sections 307/34 IPC and 25/57/59 of the Arms Act titled 'State v. Malkiat Singh alias Meeta etc. at Police Station Sahnewal, where he interrogated appellant -convict Malkiat Singh who made disclosure statement that he had kept concealed a pistol country made 12 bore which he used on 29.02.1996 on Harjit Singh, Dalbir Singh, Nachhattar Singh and Charanjit Singh along with one empty cartridge and five live cartridges of 12 bore which he had kept concealed near a safeda tree situated near his motor after digging a pit near the roots of safeda tree and he knows about it and could get the same recovered. ASI Naginder Singh, prepared disclosure statement Ex. PC of the appellant -convict, which was thumb marked by the appellant and attested by the witnesses and thereafter appellant led the police party to the disclosed place as per his statement and got recovered one pistol 12 bore country made and one empty cartridge 12 bore and five live cartridges 12 bore from the disclosed place which were wrapped in a polythene envelope. Investigating Officer prepared rough sketch of the pistol Ex. PD and then prepared the parcel of the pistol and empty cartridge 12 bore and sealed the same with his seal bearing initial 'NSR' and took the same alongwith five live cartridges vide recovery memo Ex. PE which was also attested by the witnesses. As accused was found in possession of country made pistol and cartridges 12 bore, therefore, investigating officer sent ruqa Ex. PG to the police station on the basis of which formal FIR Ex. PG/1 was registered. Investigating Officer prepared rough site plan of recovery Ex. PF and arrested the appellant in this case also. Investigating Officer recorded the statement of witnesses during the investigation of the case and after the completion of investigation, challan against the appellant was presented in the Court of learned Illaqa Magistrate who vide order dated 19.07.1996 sent the case to the Court of learned Sessions Judge, Ludhiana, along with main case under Section 307/34 IPC after delivering the copies of challan papers to the appellant -convict and thereafter the case was sent to learned Additional Sessions Judge, Ludhiana. Charge under Section 25 of the Arms Act was framed against the appellant -convict to which he pleaded not guilty and claimed trial.

(3.) STATEMENT of the appellant -convict was recorded under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating circumstances appearing against him in prosecution evidence and claimed to be innocent. However, he closed his defence evidence without producing any witness.