Decided on October 01,2012

Toni @ Ranjodh Singh Appellant
State of Uttar Pradesh (now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 22.02.2000, passed by Special Judge (E.C. Act)/ Additional Sessions Judge, Nainital, in Sessions Trial No. 395 of 1995, and Sessions Trial No. 138 of 1995, whereby said court has convicted accused/appellant Toni @ Ranjodh Singh under section 25 of Arms Act and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 1,000/- . He has been further convicted under section 412 IPC, and sentenced to rigorous imprisonment for a period of five years, and directed to pay fine of Rs. 1,000/-. Both the sentences are directed to run concurrently.
(2.) Heard Mr. J.S. Virk learned counsel for the appellant and Mr. Vinod Sharma learned counsel for the State and perused the lower court record.
(3.) Prosecution story in brief is that one SLR (self loading rifle) no. 2752, was looted from the policemen on 28.02.1992, within the limits of Sitarganj, after killing the policemen. Crime no. 73 of 1992, was registered in respect of offences punishable under section 396, 332 IPC, and one punishable under section 3, 4 Terrorist and Disruptive Activities Act at said police station. The present incident relates to 27.01.1994, when P.W.4 Sub Inspector Ayub Hussan alongwith Sub-Inspector Kalyan Singh (P.W.1), Constable Mohd. Adil, constable Anand Kumar, Constable Anil Kumar, Constable Sushil Kumar, Head Constable Ramesh Mishra and Constable Indrapal were doing combing operation against the terrorist activities within the limits of police station Bazpur. When police party reached near Bannakhera, P.W.3 Sub Inspector Prem Singh Ahlawat alongwith some other police constables, coming in jeep bearing registration no. UP0-50/3001, met the combing police personnels. They also joined them in the combing operation. Thereafter, both the police teams reached at plot no. 27 within the limits of village Khanwari, and saw a person sleeping near lantina bushes. The police surrounded the man, and recovered one SLR with a carry bag containing thirty eights cartridges. Said person disclosed his name as Toni @ Ranjodh Singh. The recovery was made by the policemen at 5:30 p.m. Five cartridges were found loaded in the recovered SLR no. 2752 (Regarding said weapon it is already mentioned that the same was looted in the incident dated 28.02.1992 after killing the policemen). A recovery memo (Ex. A1) was prepared by the police. On the basis of said report crime no. 24 of 1994, was registered against the accused Toni @ Ranjodh Singh who was arrested at the time of recovery in respect of offences punishable under section 25 Arms Act and under section 412 IPC, at police station Bazpur. The investigation was taken up by Sub Inspector Kailash Chandra Joshi who after investigation of the case submitted charge sheet (Ex. A3) against accused Toni @ Ranjodh Singh for his trial in respect of offences punishable under section 25 Arms Act and under section 412 IPC.;

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