- (1.) The appellant was charged and tried under Section 307 Indian Penal Code and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ('act' for short). He has been acquitted of the charge under Section 307 but convicted under Section 5 of the Act and sentenced to undergo rigorous imprisonment for five years. He has further been directed to pay fine of Rs. 500. 00 or in default of payment of fine to further undergo rigorous imprisonment for 2 months.
(2.) The prosecution case was that Sub-Inspector Rajinder Pal, In-charge, Police Post, was holding Naka on 25/8/1989 at Varka when the appellant was seen coming from the side of Jethuwal; he was asked to stop but instead of stopping he fired on the police party whereupon Sub-Inspector Rajinder Pal in self-defence fired 3 shots. The accused surrendered and from his right hand a revolver and four empties were recovered. The appellant denied the incident and claimed that he was falsely implicated.
(3.) The Designated court acquitted the appellant under Section 307 as nobody had been injured. But it found that there was nothing to disbelieve the cross-firing. Consequently, he convicted the appellant for possession of the arm for which he did not have any licence.;