STATE OF HIMACHAL PRADESH Vs. SHAHBAZ KHAN

JUDGEMENT

(1.) THIS appeal is filed by the State against an order of acquittal recorded by Additional Chief Judicial Magistrate, Sirmaur District at Paonta Sahib in Criminal Challan No. 147/3 of 1994 dated June 4, 1996.

(2.) THE case of the prosecution was that PW -5 Station House Officer Hardesh Bisht, was investigating a criminal case being FIR No. 20 of 1993 instituted under the provisions of Sections 3 and 4 of Terrorist and Disruptive Activities (Prevention) Act, 1987 read with under Section 25 of the Arms Act and Section 307 of the Indian Penal Code against Bhupinder Singh and Tejinder Singh. During interrogation, it was revealed that the accused were supplied arms and ammunitions by Shahbaz Khan (respondent accused in the present -appeal). Said Shahbaz Khan belonged to Village Kailashpur, District Saharanpur (D.P.) and was helping terrorists and their associates. He was tenant of one Akbar Ahmed of Village Matralion, Tehsil Paonta Sahib. The Investigating Officer was also informed that if a search would be carried out immediately, lot of arms and ammunitions could be recovered from the house of Shahbaz Khan. On apprehension of arms and ammunitions being removed from the house by the accused, immediate raid was carried out by SHO Hardesh Bisht, in which PW -2 Harbhajan Singh, PW -1 Karnail Singh and PW -3 Head Constable Sohan Singh accompanied. During the raid, arms and ammunitions were found from a potli (Cloth parcel), which contained 30 live cartridges of Ak -47 rifle, 17 cartridges of 9 mm. pistol and 3 live cartridges of 12 bore gun. Possession of the said arms and ammunitions was taken and sealed. A Ruka was prepared on the spot and it was sent to Police Station, Paonta Sahib FIR was registered, investigation was completed and charge was framed against the accused.

(3.) IN support of such defence, the accused examined three defence witnesses DW -1 Akbar Ahmed, DW -2 Tajinder Singh and DW -3 Sultan Khan. So far as DW -2, an employee of this Court is concerned, he merely proved the factum of filing of Habeas Corpus petition in this Court. DW -1 Akbar Ahmed and DW -3 Sultan Khan, however, supported the case of the accused and stated that the accused was innocent and, he was falsely implicated in the above incident.