MOHD. JAMEEL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal by a convict, namely, Mohd. Jameel is directed against a judgment dtd. 2/6/2009 passed by the Court of Principal Sessions Judge, Rajouri [-the trial Court?] in file No.13/Spl.challan titled State v. Mohd. Jameel, whereby and whereunder the appellant has been convicted for commission of offences under Ss. 3/25 and 7/25 Arms Act and sentenced to rigorous imprisonment of three years and fine of Rs.2,000.00 for commission of an offence under Sec. 3/25 Arms Act and rigorous imprisonment of five years and fine of Rs.2000.00 for commission of an offence under Sec. 7/25 Arms Act. The judgment impugned further provides that in case of default in payment of fine, the appellant shall further undergo imprisonment for two months more in each case. Both the sentences, however, have been made to run concurrently.

(2.) Before adverting to the grounds of challenge urged by Mr. K.M.Bhatti, learned counsel appearing for the appellant, a brief resume of the prosecution case put up before the trial Court needs to be noticed.

(3.) On 21/5/1997 at about 0400 hours, a search and cordon operation in village Sadah and its adjoining areas was conducted by the Special Operation Party of Border Security Force, Bn 56, on the basis of intelligence inputs provided by the JAD(G) Rajouri. During the course of said operation, the appellant was found moving out of an abandoned Dhok (seasonal hut) located near Sadah forest in suspicious condition. He was apprehended by the operation party of the BSF and questioned. On questioning the appellant, and at his instance, a huge cache of arms and ammunition was recovered from his possession. On further questioning, the appellant also confessed that he belonged to HM outfit and had also undergone fifteen days training of handling of weapons in Pakistan. On such disclosure being made by the appellant and consequent upon the recovery of arms and ammunition at his instance, the appellant was handed over to the local police for further necessary action.