Decided on August 12,2013

Jameer Appellant


- (1.) Pw 5 P.K.Sah of PS Ram Nagar, lodged a first information report against the revisionist Jamir on 11.07.2004, in PS Ram Nagar, which was registered as case crime no. 452 of 2004, in relation to offence under Section 25 of the Arms Act, 1959. The incident allegedly took place on the same day at 10:35 a.m. and the first information report was lodged at 12:10 p.m. After the investigation, a charge sheet against the accused-revisionist was submitted for the offence punishable under Section 25 of the Arms Act, 1959. He was summoned to face the trial. Charge for the offence under Section 25 of the Arms Act,1959 was framed against accused, to which he pleaded not guilty and claimed to be tried.
(2.) Pw 1 Constable Veerpal Singh, PW 2 Constable Bhagwat Ram, PW 3 SI Umesh Kumar, PW 4 SI Khanjan Lal and PW 5 SO Pramod Kumar Sah were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused was convicted by the learned Judicial Magistrate, Ram Nagar, vide judgment and order dated 23rd December, 2006 and sentenced appropriately. Aggrieved against the said judgment, a criminal appeal was preferred before learned Additional Sessions Judge/1st FTC, Haldwani, who, vide impugned judgment and order dated 21.08.2008 dismissed the appeal and affirmed the order passed by learned Magistrate. Aggrieved against the impugned judgment and order, present Criminal Revision was preferred by the accused-revisionist.
(3.) Pw 1 Constable Veerpal Singh supported the prosecution story and said that one country-made pistol and two live cartridges were found in the possession of accused. In the cross-examination, he admitted that copy of G.D. was not available with him. The case property was also not produced when he deposed. Alleged encounter with the police party took place on 10.07.2004. The country made pistol and two cartridges were alleged to have been recovered from the possession of accused on 11.07.2004. PW 1 also admitted that an effort was made by the police personnel to procure independent witness, but the same could not materialize.;

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