S.D.Singh, J. - (1.) The applicant Parmeshwar Singh, who was a constable at the Allambagh Police Station, was prosecuted for having been found in possession of an unlicensed service revolver No. 689816, which belonged to the Station Officer S.I. Virendra Singh Tomar. After having taken the revolver in his possession, the applicant is said to have proceeded on leave. When the theft was detected, investigation was at once started and at about 7-30 a.m. on 22nd November, 1960, the revolver was recovered from the folds of the applicant's dhoti at his house.
(2.) The applicant denied the recovery. The suggestion on his behalf was that it was planted on him by the Investigating Officer.
(3.) Four persons were relied upon by the prosecution for the recovery of the revolver from the possession of the applicant, namely, Jang Bahadur Singh (P.W. 6), Jang Bir Singh (P.W. 7), Ram Sumiran (P.W. 1) and Ram Ghulam Singh (P.W. 2). The suggestion on behalf of the applicant before the Magistrate was that Ram Sumiran Singh and Ram Ghulam Singh, the two search witnesses, taken by the police officer were named by him. as accused in connection with the murder of his brother and the applicant examined Cheddi Singh (P.W. 2) in support of that contention. Both the witnesses were questioned about the murder of the applicant's brother. They denied that they had any hand in it. No question was put to them if they were named in the First Information Report or if there was any enquiry against them. Even copy of the First Information Report was not produced. Nothing has been brought out in the statements of these two witnesses to show that they had any enmity or ill-will against the applicant. Ram Ghulam Singh (P.W. 2) has admitted that the applicant's brother was murdered in his village and that since then there is enmity between the people of village Malawan and the applicant. But that does not mean that Ram Ghulam Singh has been entertaining any feeling of ill-will against the applicant so as to give false evidence against him.;