- (1.) By way of present appeal, Mangat Singh alias Manga has challenged the judgment and order dated 28/29.9.2004, passed by the learned Additional Sessions Judge, Fast Track Court, Kapurthala, vide which accused/appellant was convicted under Section 25 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 500/-, in default thereof, to undergo further rigorous imprisonment for two months. This sentence was directed to run concurrently with the sentence awarded in main case FIR No. 12 of 14.3.2002.
(2.) The brief facts of the case are that on 11.4.2002, accused Mangat Singh, while in police custody in FIR No. 12 of 2002 under Sections 395, 342 IPC and Section 25 of the Arms Act, was subjected to interrogation by SI Charanjit Singh (PW5). Accused suffered a disclosure statement (Ex.PW2/A), in which he disclosed that he has kept concealed one country made 315 bore pistol alongwith two live cartridges buried under the earth near the sarkanda (elephant grass) on the left side of the telephone pole, which is about 20 karams right side from the road near the place of Peer Baba, situated near cremation ground, Dhilwan. Randhir Singh, Ex-Sarpanch, Fathu Chak was joined in the police party as independent witness. Accordingly, accused led the police party to the said place and after removing the earth, got recovered a country made pistol of 315 bore alongwith two live cartridges, which were found duly wrapped in a polythene bag. The same were taken into possession through recovery memo Ex.PW2/B. Rough sketch (Ex.PW1/A) of the pistol was prepared.
(3.) Site plan (Ex.PW5/A) of place of recovery was prepared. Ruqa (Ex.PW3/A) was sent to the police station, where formal FIR No. 26 dated 11.4.2002 (Ex.PW3/B) under Section 25 of the Arms Act was registered.;