KAMALUDDIN & ANOTHER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts giving rise to this jail appeal are that on the intervening night of 17th and 18th Oct., 1973, PW 33 Asu Singh in the company of Ranjeet Singh, Hari Singh, Joru Singh and Manphool Singh was patrolling in Suratgarh at nearly 11-30 p.m. They saw a person clandestinely going in a lane. On interrogation he gave his name as Mohammed Irshad and also admitted that he was a Pak national. He was arrested vide Ex. P/54. On his personal search a number of articles were recovered, out of which the following three documents are relevant for the purpose of this case:-

(2.) The learned Sessions Judge found the prosecution evidence against accused Mohammed Irshad and Kamaluddin reliable and trustworthy. The learned Judge placing reliance on the ocular statements, documents seized from the possession of the accused and the confessional statement of accused Mohammed Irshad held both the accused-appellants guilty under Sec. 39 of the Official Secrets Act and Sec. 120-B I.P.C. and sentenced them to three years' rigorous imprisonment under each count. The sentences awarded to the appellants under both the counts were ordered to run consecutively.

(3.) Being aggrieved with the conviction and sentence, the accused-appellants have come up in appeal.