PARDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) PARDEEP son of Balbir Singh, aged 18 years and Rajinder son of Chuni Lal aged 19 years, were convicted by the Additional Sessions Judge, Bhiwani, vide judgment dated 27.3.1985, under Section 25 of the Arms Act, and were sentenced to undergo rigorous imprisonment for one year. Feeling aggrieved, Pardeep has filed Criminal Appeal No. 229-SB of 1985 and Rajinder has filed Criminal Appeal No. 228-SB of 1985. As both the recoveries are from the same place and at the same time, these two appeals are disposed of by one order.

(2.) THE prosecution case is that on 29th September, 1984, Ram Mehar H.C. PW 2, along-with other Police Officials was present in Mundhal Chowk in connection with investigation of a dacoity case. Suresh Kumar, PW and Rajinder Kumar PW were present. On receiving a secret information Ram Mehar, HC went to the Bridge of Talu minor along-with Suresh Kumar and Rajinder Kumar, PWs Rajinder and Pardeep were found sitting their and on personal search of Pardeep, a country made loaded pistol of 12 bore and four live cartridges were recovered. They were taken into possession vide memo Ex. P.A. exhibit P.A. was attested by Rajinder PW 1 and Suresh Kumar PW. From the personal search of Rajinder appellant, a country made pistol of 32 bore was recovered which was loaded. The pistol, Exhibit P 1 and the cartridge Exhibit P 2 to P 6 were taken into possession vide memo Exhibit PA. The Memo Exhibit PA was attested by Suresh and Rajinder, PWs.

(3.) IN the challan of Rajinder, the prosecution examined Jai gopal, PW 1, Ram Mehar, HC, PW 2 and SI Daulat Ram, PW 3. Rajinder and Suresh, PWs were given up as won over. In the case of Pardeep, the prosecution examined Rajinder, PW 1, HC Ram Mehar, PW 2, Jai Gopal, PW 3, and Daulat Ram SI PW 4.