- (1.) This appeal is directed against the judgment of Additional Sessions Judge, Barmer, dated 12-12-1988, whereby, he convicted and awarded sentences to the accused-appellant as under:- (See table below)
(2.) The brief facts of the prosecution's case are:- with a direction that all the sentences will run concurrently. "On 18-4-1987, one Chandan Singh, Sub-Inspector, S.H.O., Thana, Gadara Road along with Head Constable Heer Dan, Constables Birbal, Ugam Singh and Pagi-Ishaq Khan (Motbit),were going in Jeep No. RJC 2325, which was driven by Karan Singh, in search of smugglers. They reached at the Police Station Girab, where, they received a wireless message from S.H.O. Ramsar that a gang of six Pak smugglers is going from Kheej Bithudi to Redana. On this information, the S.H.O., Chandan Singh, along with his party proceeded towards Harsappi, Barmer Road, as they reached at Sarhad Redana, on seeing the jeep the smugglers started firing with the intention to kill them. In defence, the police party also fired which lasted for an hour from 3.30 to 4.30 in day. In this encounter, 'Chare' hit and injured the body of Chandan Singh, S. I., at left hand on lip and in eye, and Ugam Singh also got injuries on head and thereafter, all the culprits ran away. It was further alleged that Ranchore Singh, S.H.O., P.S. Girab, Zelam Singh, S.I., along with police party, Additional Superintendent of Police, Barmer, with party, C.O. Barmer with party, and Ramesh Chand with party followed the foot-prints of the Camel and reached in the night at Police Station 'Shiv'. It was alleged that they again searched and followed the foot-prints in the morning of, 19-4-1987 and reached at Sarhad, Hudo-ki-Dhani, along with Constable Heer Dan and Birbal, thereupon, they saw a person alleged to be a Pak smuggler, who fired on them on the other day. On interrogation, he mentioned his name as Kabul alias Khudia, a Pak Musalman, resident of Khirau, he was arrested, a Camel and Pillan was recovered from his possession at the spot. A F.I.R. of this alleged incident was submitted at thePolice Station Shiv on 20-4-1987, by Chandan Singh, S.I. It was further alleged that at the instance of the accused-appellant 7 bories of Heroin in 31 bags and one bag of Charus were recovered. On 22-4-1987, at his instance, one rifle Mark-A, 303 Bore along with 36 live cartridges and some empty Khokhas were also recovered. The necessary 'Fards' were prepared. On completing the usual investigation, the police submitted challan before the Munsif and Judicial Magistrate, Barmer, on 17-7-1987, who committed the case for trial to the Court of Session for the offence under Sections 307, 353, 323, I.P.C., 25 of the Arms Act and 20(ii) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 14 of the Foreigners' Act, on 23-9-1987.
(3.) The Additional Sessions Judge, Barmer, on 6-10-1987, framed charges against the accused-appellant, the accused pleaded not guilty and claimed trial. The prosecution produced 23 articles and examined 26 witnesses along with 70 documents to establish the case, 3 defence witnesses were also examined by the accused-appellant.;