PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 11.09.2003 passed by the Additional Sessions Judge, Gurdaspur whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 307 of the Indian Penal Code (in short 'IPC') and Section 25 of the Arms Act, detailed hereinbelow: - Name of Convict Under Section Sentence (R.I.) Fine(in Rs.) In Default (R.I.) Paramjit Singh 307 IPC 2 1/2 years 2000/ - 2 months 25 of the Arms Act 1 year 1000/ - 1 month Kulwinder Singh 307 IPC 2 1/2 years 2000/ - 2 months 25 of the Arms Act 1 year 1000/ - 1 month

(2.) THE facts relevant for disposal of the present appeal are that on 11.11.2001, SI Satwant Singh along with other police officials was present at drain bridge of Kajampur in connection with patrolling. At about 3.30 AM, two persons approached the drain bridge from the side of village Kajampur and SI Satwant Singh asked them to stop. The accused started firing towards the police party with an intention to kill them. SI Satwant Singh directed the police party to cross fire and the police party fired from their weapons. Thereafter, the Sub Inspector directed the accused to surrender as they have been encircled by the police officials. The accused were apprehended and on interrogation they disclosed their names and particulars. A loaded rifle of 7.62 bore bearing No.AO -3328 was recovered from Paramjit Singh @ Bau. On unloading the rifle, 3 live cartridges and one empty cartridge was recovered from chamber of the rifle. One empty cartridge was recovered lying on the road. Personal search of accused Kulwinder Singh @ Kindi led to recovery of one country made loaded .12 bore pistol and on unloading, one live cartridge was recovered. The accused could not produce licence to keep fire arms and live cartridges with them.

(3.) THE entire case property was converted into separate sealed parcels with seal bearing impression 'SS'. Ruqa was sent to the Police Station on the basis whereof, formal FIR was registered. Rough site plan of the place of occurrence was prepared; statement of witnesses were recorded; requisite sanction as required under Section 39 of the Arms Act was obtained from the District Magistrate for prosecution of the accused. On completion of investigation, challan was presented in the Court for commencement of trial.