A.S.Bains, J. - (1.) THE Appellant was convicted under Sections 4 and 5 of the Explosive Substances Act and sentenced to undergo one year's rigorous imprisonment under each court by the learned Sessions Judge, Kapurthala vide his judgment dated October 3, 1977. He was also separately convicted under Section 25 of the Arms Act and sentenced to six months' rigorous imprisonment by the learned trial Court. All the sentences were ordered to run concurrently. He has filed Criminal Appeal No 1076 of 1977 against his conviction and sentence under the Explosive Substances Act and Criminal Appaal No. 1077 of 1977 under the Arms Act. Both the appeals will be decided by this common judgment as the prosecution was launched against the Appellant on his disclosure statement, which led to the recovery of the hand -granade and one country made 12 bore pistol and live cartridge without a valid licence.
(2.) THE prosecution story as unfolded by S. I. Jagtar Singh (P. W. 3), is that on September 13, 1975, the Appellant was in police custody in case F. I. R. No. 233/74 dated 31st January, 1974 under Section 395 and 397, Indian Penal Code, of Police Station, Kotwali Kapurthala. On that day, he was interrogated by S. I. Jagtar Singh and in pursuance of his disclosure statement, the Appellant got recovered pistoi, Exhibit P. I., a live carttidge. Exhibit P. 2, and a hand granade, Exhibit P 3, along with a tin, Exhibit P. 4, from underneath the ground from the side of southern wall of his house. The Appellant was then arrested and a ruqa was sent to the police station on the basis of which formal First Information Report. Exhibit PC/1, was recorded by M. H. C. Swaran Singh. He was prosecuted, convicted and sentenced as aforesaid. When examined under Section 313, Criminal Procedure Code, the Appellant was connected with the prosecution allegations after the close of the prosecution case. He denied his complicity in the crime and pleaded false implication at the instance of one Bagicha Singh, who had inimical relations with him. He gave his own version , which is as under: I was kept in illegal detention by the police for many days before the present occurrence . My sister's son Gurmukh Singh filed a habeas corpus writ petition in the High Court and a Warrant Officer from the High Court was deputed for my search. To make a false defence, the police had arrested me in case F.I.R. No. 233/ 74 and falsely implicated in the present cage." In support of his defence, he produced Gurmukh Singh (D W. 1) who fully supported his versions. He also tendered into evidence certified copy of judgment, Ex. DA copy of writ petition, marked 'A' and a copy of the report of the Warrant Officer, marked 'B'.
(3.) THE learned trial Court convicted the Appellant on the testimony of P. W. 3 S. I. Jagtar Singh, P.W 4 Kishan Singh conseable and P.W. 2 Anokh Singh S.I. Jagtar Singh (P. W. 3) has supported the prosecution version as given in the earlier part of the judgment. His oral testimony is corroborated by Kishan Singh, Constable (P. W. 4) Anokh Singh P. W. 2 is the witness of recovery, Prem Singh (P W 1) is a formal witness, who has proved the sanction order. Exhibit PA, for the prosecution of the Appellant.;