HUSSAIN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred claiming the following reliefs:-

(2.) This Criminal Appeal has been preferred against the judgment dtd. 23/11/1992 in Sessions Case No. 83/1991 (12/91) passed by Sessions Judge, Jaisalmer convicting the appellant under Sec. 307 I.P.C. and sentenced him to undergo five years R.I. along with a fine of Rs.5,000.00 in default of payment of which he was to further undergo 1 ¼ years R.I.; the appellant was also convicted under Rule 3 read with Rule 6 of the Passport (Entry into India) Rules, 1950 along with a fine of Rs.200.00 in default of payment of which he was to further undergo 8 days imprisonment; though the appellant was acquitted of the offence under Sec. 25 read with Sec. 27 of the Arms Act.

(3.) Brief facts of the case as placed before the Court by the learned counsel on behalf of the appellant submits that it is the case of the prosecution that on 22/8/1990, a police party of the Border Security Force (B.S.F.) comprising Harpool Singh, Tej Narain, Mahesh Kumar, Tejdan, Brijesh Kumar, Shreeram and Hariram proceeded to arrange a blockade at the Dhanana post. That the police party was further divided into sub-parties, and that one of the sub-parties, comprising Harphoolsingh, Tej Narain and Mahesh Kumar, at about 9 p.m. came upon four riders astride camels, who were seen coming from the side of Pakistan. The B.S.F. party flashed the torch light towards them, in response to which the said intruders opened gun fire. This was countered by the B.S.F. party, and one of the riders along with his camel were injured as a result of the same. The other men dismounted their camels and fled from the scene. And that, when Harphoolsingh along with the other officers went near the injured person, he disclosed his name to be Jiyant, R/o Mataron Ki Basti, and he also disclosed the name of his associates as Hussain, Sattar and Mohammed. He further stated that they were carrying silver from Pakistan. Harphoolsingh passed on the said information to the C.C.O. (Company Commander) Didarsingh who then arrived on the spot and in whose presence, a search of Jiyant's person and belongings were made. Upon the same, a recovery of 'Three Node Three' 303 rifles, cartridges for the same, silver bars were recovered among other things. Subsequently after investigation was completed, the police filed a charge sheet against the accused for the offences under Sec. 307 I.P.C., Ss. 25 and 27 of the Arms Act, and Rules 3 and 6 of the Passport (Entry into India) Rules, 1950.