PREM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of the following facts :

(2.) IN order to prove the allegations against the accused, the prosecution examined amongst others, Head Constable Ram Kumar as PW-3, Prem Singh as PW-4, Sub Inspector Dharam Pal PW-5, Pirthi Singh Saini DSP PW-7 in addition to the formal evidence that was required to link the accused with the crime.

(3.) THE trial court came to the conclusion that the evidence of SI Dharam Pal PW-5 read along with that of Head Constable Ram Kumar PW-3 Prem Singh PW-4 the only independent witness and Pirthi Singh Saini DSP PW-7 conclusively proved the recovery of the opium from the accused, that the other evidence indicated that the opium that had been recovered had been kept in proper custody and that there had been a prima facie compliance with the provisions of Section 50 of the Act inasmuch the accused had been searched in the presence of a gazetted officer, that is, PW-7 Pirthi Singh Saini DSP and also an independent witness Prem Singh PW-4; that the minor discrepancies in the evidence of the prosecution witnesses could justifiably be ignored and having held as above, convicted and sentenced the accused to 10 years' RI and to the payment of fine of Rs. 1 lac and in default of payment to undergo three years' RI more. Hence this appeal.