- (1.) The present criminal appeal has been preferred by the appellant challenging the judgment and order dated 17.10.2001, passed by Additional Sessions Judge, Ludhiana, (hereinafter as 'the trial Court'), convicting the accused-appellant for committing offence under Section 25 of the Arms Act and sentencing him to undergo rigorous imprisonment for a one year and to pay a fine of '500/-.
(2.) The brief facts of the case in hand, as recorded by the learned trial Court in para 2 of the impugned judgment, are reproduced as under:- "2. Briefly narrated the prosecution story is that on 24.11.2000 ASI Amrik Singh alongwith CII Amrik Singh, C. Sudarshan Lal were members of police party headed by SI Jagtar Singh of CIA Staff were present behind power house of P.S.E.B. Village Gaunspur in connection with investigation of case under Sections 399/402 IPC, where they observed five persons including Billa accused sitting there and on seeing the police party all the accused tried to run away. The police party headed by ASI Amrik Singh caught hold accused Billa and on being inquired he disclosed his name, parentage and residential address. Personal search of the accused was conducted which resulted in recovery of a spring actuated knife, Ex.P1 from the right pocket of his pant. Accused could not produce any licence for possession of said knife at that time. The I.O. prepared rough sketch of knife Ex.PA and took the same in possession ........
(3.) Charge under Section 25 of the Arms Act was framed against the accused-appellant to which, he pleaded not guilty and claimed trial.;