AMARJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.4.2004 passed by learned Additional Sessions Judge, Panipat vide which accused Amarjit was convicted for an offence under Section 25 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- and in default thereof, to further undergo simple imprisonment for six months.

(2.) The accused-convict Amarjit, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story as it unfolded during the trial is that on 15.5.2000, a police party from Police Station Israna headed by SI/HO Raghbir Singh (hereinafter referred to as the Investigating Officer/I.O.) was on patrol duty, travelling in a Government vehicle and when the police party reached near Government Girls School, Mandi, then a Maruti car bearing registration No.HR09-4851 was found parked there and Naresh Kumar complainant along with Sunil, Shiv Kumar and Rishi Pal was present there; that they had apprehended accused Rakesh (since dead), Kuldeep and Amarjit; that the complainant Naresh Kumar produced before the Investigating Officer a country-made pistol of 303 bore, which had been snatched by them from the accused Kuldeep. The Investigating Officer recorded the statement of complainant wherein he stated that on the fateful day at about 7:30 p.m., he along with Sunil and Shiv Kumar was going to answer call of nature near the girls school and when they had reached near the road, then a Maruti car bearing registration No. HR09-4851 having three young men as occupants came, that one of the boys was driving the car, whereas others were sitting on the rear seat; that later on their names came to be known as Rakesh, Kuldeep and Amarjit; that the car had come from the side of Pugthala; that the driver of the car had blown the horn and inquired as to why the complainant and his companions were not giving them the way to pass their car; that the complainant replied that there was enough space to pass the vehicle, hearing that driver of the car abuse them; that accused Kuldeep alighted from the car, took out the pistol aiming the same at the complainant; that accused Kuldeep also stated that he would fire upon him, however, the complainant snatched the pistol from him; that in the meanwhile, accused Amarjit also got down from the car and took out a pistol, however, in the process a shot was fired from the pistol which hit on his left thigh; that in the meanwhile Rishi Pal came there, who along with Sunil and Shiv Kumar apprehended the accused. In the meanwhile, the police reached there. On being checked, the country-made pistol Ex.P1 was checked and it was found to be loaded. The Investigating Officer unloaded the said pistol and prepared its rough sketch. Then the pistol along with recovered cartridge Ex.P4 was converted into separate parcel sealed with seal of the Investigating Officer having inscription 'RSB'. After use the seal was handed over to Rishi Pal PW. The parcels of the country-made pistol of 303 bore and cartridge were taken into possession vide recovery memo Ex.PD.