DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the order of the learned Sessions Judge, Faridkot, dated 21-1-1987 by which the appellant has convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year.

(2.) The prosecution case in brief is that during the investigation of the case against the appellant under Section 302 of the Indian Penal Code who was arrested on 8-7-1986 by Assistant Sub-Inspector Sukhdev Raj P.W. 1 and on interrogation on 9-7-1986 by the said Assistant Sub-Inspector P.W. 1 the appellant disclosed that he had kept concealed a spear under the cotton sticks lying in front of his house and he could not get the same recovered, Thereupon Sukhdev Raj A.I.S. recorded his disclosure statement Exhibit PA which was signed by him and attested by Karnail Singh P.W. The spear Exhibit P. 1 was got recovered from under the cotton sticks as disclosed by the appellant. After its sketch Exhibit PC was prepared, it was sealed and taken into possession vide memo Exhibit P.B. and was attested by Karnail Singh PW.

(3.) The appellant is entitled to be acquitted of the charge under Section 25 of the Arms Act on the short ground that Karnail Singh the only independent witness to the disclosure statement and the recovery memo has not been produced. It is not safe to convict the appellant on the sole statement of investigating officer. More over, the appellant has been acquitted of the charge of the murder vide our judgment in Criminal Appeal No. 73-DB of 1987 doubting the prosecution case and relying upon the defence version. The appeal is therefore, allowed and the conviction and sentence recorded under Section 25 of the Arms Act is set aside.