Criminal Appeal No.463-SB of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Appeal No. 463-SB of 2002 Date of Decision: August 11, 2010 Balwinder Singh alias Bittu ...........Appellant Versus State of Panjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.J.B.S.Gill, Advocate for the appellant. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Accused-Balwinder Singh alias Bittu appellant was convicted for an offence under Section 25 of the Arms Act, 1959 (for short `the Act') . vide judgment dated 1.3.2002 passed by the Additional Sessions Judge, Hoshiarpur. Vide order of even date, the accused was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/-. Hence, the present appeal by the accused-appellant. Prosecution case, as noticed by the trial Court in para No. 1 of its judgment, is reproduced herein below:- “1. Briefly stated the case of the prosecution is that on 20.5.99 at about 4.45 SI Chhaju Ram, SHO PS City, Hoshiarpur alongwith Criminal Appeal No.463-SB of 2002 2 ASI Ram Sarup and ASI Mohan Lal and other police official was present at SDM Chowk, Hoshiarpur in connection the investigation of FIR No. 81 dated 18.5.99 under Section 397 of IPC and 25 of the Arms Act, Police Station City, Hoshiarpur. PW Faqir Singh Virk son of Mangal Singh resident of Bajwara Kalan and one Naveen Uppal son of Ramesh Uppal resident of House No. 301/13 New Jagatpura Mohalla, Hoshiarpur happened to meet the police party who were joined in the police party. At about 4.45 AM accused Balwinder Singh came from the turning of DC Road, Hoshiarpur on a scooter. On seeing the police party, he became perplexed and tried to turn back his scooter. On suspicion he was apprehended and he disclosed his name as Balwinder Singh @ Bittu son of Karam Singh resident of Phalahi. The personal search of the accused led to the recovery of one country made 38 bore revolver. The revolver was unloaded and two cartridges were recovered. Three missed cartridges of 38 bore were recovered from the front side pocket of his shirt. Accused could not produce any licence for keeping revolver and the live cartridges. After preparing sketch of the revolver Ex.PA revolver alongwith live cartridges and the scooter bearing No. PCU-739 were taken into possession vide recovery memo Ex.PB. After obtaining sanction for the prosecution of the accused from the District Magistrate, Hoshiarpur Ex.PE accused was challaned.” After hearing the learned counsel for the parties, I am of the opinion that the present appeal deserves dismissal. PW1 SI Chhaju Ram has deposed that on 20.5.1999 at about Criminal Appeal No.463-SB of 2002 3 4.45 a.m., appellant came from the turning of DC road Hoshiaropur on a scooter. On seeing the police party, the appellant tried to turn back his scooter but he was apprehended on the basis of suspicion. From the personal search of the appellant, one country made revolver .38 bore was recovered. The appellant could not produce any permit or licence for keeping in his possession the said revolver . The statement of PW1 qua recovery of revolver from the appellant is duly corroborated by PW2, ASI Ram Sarup. The said witnesses were acting in discharge of their official duty and, hence, there is no reason to falsely involve the appellant in this case. The trial Court had, thus, rightly convicted the appellant under Section 25 of the Act. No ground for interference is made out. Dismissed. ( Sabina ) Judge August 11,2010 arya