- (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 period three years.
(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. Brief facts of the prosecution case are that on 24.11.2000, SI Tehal Singh, ASI Balbir Singh, HC Lakhbir Singh from CIA Staff Ludhiana were present with police party under overall supervision of SI Jagtar Singh and they were present within area of Village Gaunsgarh behind power house of P.S.E.B. in connection with investigation of case under Section 399/402 IPC and 25 of the Arms Act registered with P.S. Basti Jodhewal, having conducted a raid there. They saw five persons sitting at a deserted place and those five persons were apprehended by the police party. Police party headed by SI, Tehal Singh had apprehended the accused. On being enquired accused disclosed his name as Sunil Kumar Verma son of Jadgish Mittal, resident of Street No.5, Mohalla Kishanpura, Division No.8 Jalandhar, currently at New Subhash Nagar, Street No.6, Ludhiana, Personal search of the accused was conducted which led to the recovery of one country made pistol of 303 bore alongwith a live cartridge of the same bore wrapped in a polythene in right fold of his wear pant and he could not produce any licence for possession of pistol and cartridge. SI Tehal Singh prepared rough sketch of recovered pistol as Ex. PB attested by ASI Balbir Singh and HC Lakhbir Singh and on being unloaded it was found to contain one live cartridge, therefore, SI Tehal Singh prepared sealed parcel of recovered pistol Ex.P-1 and cartridges Ex.P2 and Ex.P-3 sealing that with his seal having letters 'TS' taking said parcel in possession vide recovery memo Ex.PC attested by ASI Balbir Singh and HC Lakhbir Singh, SI Tehal Singh sent ruqa Ex.PD to Police Station Basti Jodhewal through HC Balbir Singh at 7-00 P.M. on the basis of which formal FIR Ex.PD/1 was recorded at Police Station Basti Jodhewal by ASI Surinder Singh. Accused was produced before SI Jagtar Singh alongwith recovered pistol and cartridges and accused was interrogated in this main case. While arresting the accused, his personal search was conducted which resulted in recovery of currency note worth Rs.30/. Memo of Jamatalashi Ex.PF was prepared attested by SI Balbir Singh and HC Lakhbir Singh. Signatures of the accused was obtained on that memo. The I.O. Prepared rough site plan of place of recovery as Ex.PE. On return to the police station, the I.O. Deposited the case property with MHC and put the accused in lock up. During investigation the recovered pistol and cartridges were got attested from ASI Dev Raj who vide his report Ex.PG found that pistol was in working condition and cartridges were live ones.
(3.) Charge under Section 25 of the Arms Act was framed against the accused-appellant to which, he pleaded not guilty and claimed trial.;