NARINDER SINGH ALIAS NINDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned counsel for the rival parties.

(2.) Being aggrieved by the judgment and order dtd. 1/10/2011 passed by the Sessions Judge, S.B.S. Nagar in Sessions Case No.8 of 2011 arising out of FIR No.117 dtd. 3/8/2010 under Ss. 399, 402 & 411 IPC and Ss. 25/54/59 of Arms Act, registered at Police Station Rahon, by which the appellant was convicted for offence under Sec. 25(1)(b) of Arms Act and was sentenced to undergo rigorous imprisonment for 3 years and in default sentence of one year, the present appeal was filed in this Court.

(3.) Learned legal aid counsel appointed for the appellant vehemently argued assailing the impugned judgment and order and submitted that the trial Court cannot have convicted for the offence under Sec. 25(1)(b) of Arms Act. According to her there is uncorroborated testimony of PW-6/Surinder Chand, Additional SI, who is interested witness and his testimony could not have been taken into consideration much less believed. She further submits that contemporaneous preparation of the documents about the alleged seizure of the .12 bore gun, but the recovery is fake and also not proved according to law. According to her, since the trial Court acquitted the appellant and by disbelieving the evidence on the point of attempting dacoity, the trial Court should have been applied same yard stick while appreciating the evidence before recording the conviction under Sec. 25(1)(b) of the Arms Act. She further prayed for acquittal of the appellant.