- (1.) KUNDAN Singh, J. This appeal has been preferred by Akhlesh Kumar alias Naresh appellant against the judgment and order dated 21-11-1979, passed by Sri. H. C. Rastogi, the then 2nd Additional Sessions Judge, Meerut, whereby he convicted the appellant under Section 25 (1 ) (a) of the Indian Arms Act and sentenced him to undergo two years' rigorous imprisonment in S. T. No. 545 of 1977.
(2.) THE prosecution case, in brief, is that the P. A C. Battalion 24, Moradabad was on duty in Meerut City for the maintenance of law and order. Madan Pal Singh Constable attached to Police out-post Budhana Gate, Police Station Kotwali, Meerut, along with seven constables of a Section of P. A. C. Battalion aforesaid, was on patrol duty in Mohalla Gudri Bazar, Meerut city. At 11. 15 p. m. on the day of occurrence i. e. 31-10-1973, the patrolling party saw that some persons were chasing a man shouting catch hold-catch hold, he is a dacoit. THE informant, Madan Pal Singh, saw a person running with a revolver in his hand. That person was chased by the informant and the constables of P. A. C. as well. As soon as Madan Pal Singh made an attempt to apprehend him near the Mohalla Kachayan the accused fired a shot on the informant but luckily he escaped narrowly. That person was chased by the police personnel and near the houses of washermen in Mohall Khandak he was arrested by the informant and other constables m the presence of witnesses. during the arrest, some nee ssary injuries were inflicted on the person of the accused. THE revolver which was in the hand of the accused was snatched. It was bore having revolving magazine of five cartridge. THE revolver was taken into custody. It contained two discharged cartridges in its revolving magazine. THE accused along with recovered articles was taken to the police station where an F. 1. R. was lodged by Madan Pal Singh constable at Police Station Kotwali, Meerut at 11-38 p. m. on 31-10-1975, THE accused was lodged in the Police lock-up and the revolver was also deposited and a recovery memo (Ext. Ka-2) was prepared. THE revolver and the discharged cartridges were sealed. THE arrest and the recovery was said to have been witnessed by public witnesses Pyare Lal, Hera Kashmiri, Fariduddin and Ishtiaq. The investigation of the case was entrusted to Rajpal Singh Sub-Inspector-Il of Police Station Kotwali, Meerut. He recorded the statement of Madan Pal Singh informant, inspected the place of occurrence and prepared a site plan (Ext. Ka-4 ). He also recorded the statement of other witnesses under Section 161, Cr. P. C. and reported the matter to the District Magis trate for sanction of prosecution of the accused under Section 25, Arms Act. The sanction was accorded by the District Magistrate vide Ext-Ka-6. After completing the investigation, the charge-sheet was submitted against the appellant. The prosecution examined five witnesses in all. Out of them, Madan Pal Singh (P. W. 1), Pyare Lal (P. W. 2) and Sher Singh (P. W. 4) are the witnesses of the factum of incident. P. W. 3 Jagat Singh was examined to prove the Chick report and G. D. entries regarding revovery of revolver and arrest of the accused. Rajpal Singh S. I. II investigated the case and sub mitted the charge sheet against the accused appellant.
(3.) THE accused denied the prosecution case and claimed to be tried. He, in his statement recorded under Section 313, Cr. P. C. , stated that the informant Madan Pal Singh was a close friend of Sri Niwas alias Kalua s/o Jagan, resident of his own village who was posted as a police constable at Bulandshahr. THE criminal litigation was pending between him on one hand and Jagan on the other. He has been falsely involved in the present case in collusion with Sriniwas s/o Jagan. He further stated that he was a student of M. A. Previous and was taken his studies in N. A. S. Degree College, Meerut. Constable Madan Pal Singh arrested him near Koke-Ki Tatti in Mohalla Begum Pul at about 8-00 or 8-30 p. m. on the day of oecurrence. Jagan had moved the bail application of his son under Section 307, I. P. C. which was rejected on the day of oecurrence and on the same day, Jagan and his son were also present in Meerut. He has also filed a copy of anticipatory bail application of Jagan and his son Mool Chand, dated 2-10- 1975, Ext. Kha-1, and copy of the order dated 31-10-1975 (Ext, Kha-2), passed by learned Sessions Judge, rejecting the aforesaid bail application. The trial judge on consideration of the evidence on record held the appellant not guilty of the offence punishable under Section 307, I. P. C. and he accordingly acquitted him of that charge but found him guilty of the offence under Section 25 (1) (a) of the Indian Arms Act and hence he convicted and sentenced him as aforesaid.;