- (1.) By way of present appeal, Ranjit Singh @ Kala 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.) Brief facts of the prosecution case are that on 4.4.2002, ASI Attar Singh (PW6) accompanied by his fellow officials under the supervision of SI/SHO Charanjit Singh, had conducted a Nakabandi at G.T. Road, Bus Stand Chowk Miyan Badarpur after forming different police parties in connection with investigation and search of the accused in FIR No. 12 of 2002 under Sections 395, 342 IPC and Section 25 of the Arms Act. In the meanwhile, a motorcycle No. PB-02-V-8281 mark Yamaha came from Amritsar side. Three young boys were riding the motorcycle. They were signalled by SI Charanjit Singh to stop. However, the motorcyclist tried to turn back the motorcycle. However, the police party apprehended all the three boys. On questioning, the motorcycle driver disclosed his name as Sukhwant Singh @ Pappi son of Raghbir Singh, resident of Partap Nagar, B-Division, Amritsar. The pillion rider disclosed his name as Gurpal Singh @ Pala son of Sukhwant Singh, resident of village Haith, Mohalla Guru Nanak Pura, Police Station Raja Sansi, District Amristar. The third pillion rider disclosed his name as Ranjit Singh @ Kala son of Sukhwinder Singh, resident of Rodiwal Meerakot Chowk, Police Station Sadar, Amritsar. Darshan Singh, Municipal Councillor of Dhilwan was joined in the police party as independent witness. SI/SHO Charanjit Singh directed ASI Attar Singh to conduct the search of Ranjit Singh and Sukhwinder Singh @ Pappi and he himself conducted the search of Gurpal Singh @ Pala.
(3.) ASI Attar Singh conducted the personal search of Ranjit Singh @ Kala, on which a country made 303 bore pistol in working order was recovered. On unloading the same, one live cartridge of 303 bore was recovered. Another live cartridge of 303 bore was recovered from the pocket of the pant of the accused. Accused could not produce any licence to keep the arm and ammunition. Thereafter, ruqa (Ex.PW6/A) was sent to police station, where formal FIR No. 20 dated 4.4.2002 (Ex.PW6/B) was registered under Section 25 of the Arms Act. Site plan of place of recovery (Ex.PW6/C) was prepared.;