Crl. Appeal No.935-SB of 2002 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Appeal No.935-SB of 2002
Date of Decision: 16 - 5 - 2011
Ashok .....Appellant
v.
State of Haryana .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Manjeet Singh, Advocate
for the appellant.
Mr.Anoop Sharma, AAG, Haryana.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Appellant Ashok was convicted for offence under Section 25 of
the Arms Act by the Court of Additional Sessions Judge (Ad hoc), Rohtak
vide judgment dated 4.5.2002 and vide a separate order dated 6.5.2002 was
sentenced to undergo rigorous imprisonment for one year and to pay a fine
of Rs.500/-. In default of payment of fine, he was to undergo further
rigorous imprisonment for two months.
Case set up by the prosecution is that on 18.7.1997, ASI Badan
Singh, Investigating Officer sent a ruqa Ex.PA, on the basis of which formal
FIR Ex.PA/1 was registered. In the ruqa, it was stated that on 18.7.1997,
ASI Badan Singh PW6 was a member of the police party headed by
Crl. Appeal No.935-SB of 2002 [2]
Inspector Ramphal. They had gone in connection with investigation of
another case and when they reached back near Harkishan Memorial Public
School, Sonepat Road, Rohtak, they received a secret information that five
boys had gathered in a house situated in Sectors 2,3,4, HUDA, Rohtak and
were planning to commit a dacoity at the house of Kaka Goldsmith. The
police party was divided into four raiding teams and proceeded towards the
stated place. They stopped their vehicles at some distance from the house.
On seeing the police party, the accused made an attempt to run away from
the spot but the accused Ashok was apprehended. On his personal search,
one loaded pistol of .315 bore was recovered and from the right side dub of
his pant, one live cartridge was recovered.
The above-said FIR was investigated. After the sanction for
prosecution was granted, the accused was sent for trial.
Prosecution examined Inspector Ram Kumar as PW1, who
proved preparation of report under section 173 Cr.P.C.
Same Singh PW2 on receipt of ruqa Ex.PA had registered
formal FIR Ex.PA/1.
HC Sat Pal, Armourer who appeared as PW3 had tested the
pistol and had reported that the same was in a good working condition. He
also tested cartridges Exs.P2 and P3, which were recovered from the
appellant. This witness proved his report Ex.PB/1.
PW6 ASI Badan Singh proved recovery of the weapon.
Constable Balwan Singh PW6 was the witness to the recovery
and had also attested the recovery memo.
Ram Niwas Gupta, Reader to the District Magistrate PW5
proved the sanction order Ex.PC for prosecution of the accused.
Crl. Appeal No.935-SB of 2002 [3]
Thereafter statement of the accused was recorded under Section
313 Cr.P.C. and all incriminating circumstances were put to him. He denied
the same and pleaded innocence.
In the present case, the police party had conducted the raid after
a secret information was received. The secret information was received
near a school at Sonepat Road, Rohtak. Besides there being a sufficient
time for the police party and the place where secret information was
received, being a thoroughfare, no independent witness was associated.
Non-examination of any independent witness in the facts and circumstances
of the present case will be fatal, when this Court has given no credence to
the prosecution version that the accused had assembled and were planning
to commit dacoity. A connected appeal filed by the accused viz. Criminal
Appeal No.932-SB of 2002 has been accepted by this Court vide a separate
order of even date. Hence, this Court extends benefit of doubt to the
appellant.
Consequently, the present appeal is accepted and the appellant
is acquitted of the charge for offence under Section 25 of the Arms Act.
( KANWALJIT SINGH AHLUWALIA )
May 16, 2011. JUDGE
RC