HARDAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence, dated 17.07.95, rendered by the Court of Additional Sessions Judge, Bathinda, vide which, it convicted the accused (now appellant), for the offence, punishable under Section 25 of the Arms Act, and sentenced him, to undergo rigorous imprisonment, for a period of one year, and to pay a fine of Rs. 200/ -, and in default thereof, to further rigorous imprisonment, for a period of 15 days. The sentence awarded to the accused was ordered to run concurrently, with the sentence, awarded to him, in case FIR No. 32, dated 27.02.93, under Section 304(i) of the Indian Penal Code, Police Station Kotwali Bathinda.

(2.) THE facts, in brief, are that, on 4.4.93, Hardam Singh, accused, was interrogated, in case FIR No. 32, dated 27.02.93, under Section 302 read with Section 34 of the Indian Penal Code, titled as "State v. Hardam Singh & Mohinder Kaur". During the course of interrogation, he made a disclosure statement, that he had concealed a spear, in sarkandas, standing in a deserted brick -kiln, on way to Bir Talab, and could get the same recovered, by pointing out. His disclosure statement was reduced into writing. Thereafter, he led the police party to the pre -disclosed place, and got recovered a spear, therefrom, which was taken into possession, vide separate memo. On the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Assistant Sub Inspector Manjit Singh (PW1), and Sub Inspector Malkiat Singh (PW2). Thereafter, the Public Prosecutor, for the State, closed the prosecution evidence.