YASHPAL @ DON Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Yashpal alias Don appellant to challenge the conviction and sentence recorded against him by the Additional Sessions Judge, Panipat on 20.4.2001 in case F.I.R. No.229 dated 20.6.1996 registered under Sections 25/54/59 of the Arms Act, in Police Station City, Panipat.

(2.) Briefly stated, the facts of the prosecution case are that on 20.6.1996, the appellant was arrested by Sub Inspector Rajinder Singh and other police officials during the investigation of case F.I.R. No. 193 of 1996 under Sections 363/365/386/364-A/34 of the Indian Penal Code in Police Station City, Panipat, when they were present near Railway Station, Panipat. The personal search of the appellant led to the recovery of one pistol of 12 bore and three live cartridges from the pocket of his pant. A rough sketch of the pistol Ex.PB was prepared by Sub Inspector Rajinder Singh. The pistol and the cartridges were taken into possession through seizure memo Ex.PA. A ruqa Ex.PD was sent to the Police Station and on its basis formal FIR Ex.PD/1 was recorded. The Investigating Officer also got the pistol tested from an Armour and after obtaining the requisite sanction of the District Magistrate a challan was filed against the appellant for violation of the provisions of Sec. 25 of the Arms Act.

(3.) After the case was committed, a separate charge under Sec. 25 of the Arms Act was framed against the appellant to which he pleaded not guilty.