M.L.Shrimal, J. - (1.) The facts giving rise to this jail appeal are that on the intervening night of 17th and 18th October, 1973, PW 33 Asu Singh in the company of Ranjeet Singh, Hari Singh, Joru Singh and Manphool Singh was patrolling in Suratgarh at nearly 11-30 p.m. They saw a person clandestinely going in a lane. On interrogation he gave his name as Mohammed Irshad and also admitted that he was a Pak national. He was arrested vide Ex. P/54. On his personal search a number of articles were recovered, out of which the following three documents are relevant for the purpose of this case:- (i) two receipts on the back portions of which formation signs of Indian Army were found noted; and (ii) the third document is a 'Times of India' paper dated October 16, 1973. On page 6 of this paper certain secret information regarding the location of Jat, Sikh and Maratha Regiments as well as formation sign of different regiments of Indian Army were found noted. During the course of the investigation accused Mohammed Irshad voluntarily made a confessional statement Ex. P/57 before the First Class Magistrate, Suratgarh, wherein he candidly admitted lhac he was a Pak spy, who was sent into the Indian territory to collect information regarding aerodromes, bridges, roads, railways, formation sign of various units of Indian Army, marks of army vehicles. He further stated that he collected information regarding B. S. F., Sikh and Maratha regiments and sent it at Bahawalpur to a Major of Pak Army. Thereafter he was again instructed to collect information at Ganganagar and other places. In the same confessional statement he disclosed the names of the persons who used to help him in his mission. Out of the persons named, co-accused Kamaluddin was also shown to, have been working as a Pak spy under his instructions. On the search of the house of Kamaluddin in pursuance of a warrant obtained by PW 25 Brij Gopal Kamthan, Deputy Superintendent of Police (C. I. D.) a number of suspected articles were found and their seizure memo is Ex. P/7. Out of the articles and documents seized from, the house of Kamaluddin the following noteworthy and relevant documents and articles were recovered:- (i) Formation signs of Indian Army which are alleged to have been noted, in the hand of accused Mohammed Irshad, in Urdu script. (ii) Alive cartridge of 32 bore pistol. (iii) A diary containing addresses of different persons as well as certain secret signs regarding army. (iv) An application dated November 17, 1971 showing the visit of accused Kamaluddin at the Central Jail, Jaipur to meet Ramjan. (v) 14 Pakistani coins. Besides the house of Kamaluddin, the houses of two other accused Nasiruddin and Laddan were also searched. After usual investigation and after obtaining sanction of the Central Government a challan against the two appellants along with two other accused Nasiruddin and Laddan (acquitted by the trial court) was filed in the Magistrate's Court, who after committal proceedings, were tried by the Sessions Judge, Jaipur City. The accused pleaded not guilty to the charge and the prosecution examined 41 witnesses in support of their case. The accused persons denied their complicity in the crime, but did not examine any witness in their defence.
(2.) The learned Sessions Judge found the prosecution evidence against accused Mohammed Irshad and Kamaluddin reliable and trustworthy. The learned Judge placing reliance on the ocular statements, documents seized from the possession of the accused and the confessional statement of accused Mohammed Irshad held both the accused-appellants guilty under Section 39 of the Official Secrets Act and Section 120-B I.P.C. and sentenced them to three years' rigorous imprisonment under each count. The sentences awarded to the appellants under both the counts were ordered to run consecutively.
(3.) Being aggrieved with the conviction and sentence, the accused-appellants have come up in appeal.;