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1996 Supreme(SC) 1456

M.K.MUKHERJEE, S.P.KURDUKAR
Sahib Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

M.K. Mukherjee, J.-This appeal is directed against the judgment and order dated December 21, 1991 rendered by the Additional Judge, Designated Court, Amritsar in Sessions Case No. 21 of 1991 convicting and sentencing the appellant under Section 25 of the Arms Act, 1959 and Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987.

2. According to the prosecution case or May 12, 1990 at or about 12.30 P.M. when Inspector Gurmit Chand of Chheharata Police Station (PW 3) along with Sub-Inspector Rattan Lal (PW 2) and other police officials were no petrol duty near Bole-di-Bambi they apprehended the appellant on suspicion and on search recovered a revolver with six live cartriges from the bag he was holding in his right hand.

3. The appellant pleaded not guilty to the above accusation and his defence was that he was falsely implicated at the instance of his neighbour Sewa Singh.

4. To prove its case, prosecution examined four witnesses of whom Manohar Lal (PW 1), a clerk in the office of the District Magistrate, Amritsar, proved the sanction accorded for prosecution of the appellant under the Arms Act, PWs 2 and 3 spoke about the arrest of the appellant and the





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