JUDGMENT

This Criminal Appeal has been directed against the judgment dated 17th October, 1988 passed by the Additional Sessions Judge, Designated Court, Sirsa in Terrorist Case No. 47 of 1986, convicting the appellant under S. 25 of the Arms Act and sentenced him to undergo rigorous imprisonment for one year. The prosecution case is that on 7-7-1986 head constable, Jai Dayal, P.W. 3 along with head constable Ram Sarup, and two other constables were going from C.I.A. Staff, Sirsa towards village Bappan. They stopped the appellant who was coming from the side of his Dhani. On seeing the police party the appellant is said to have turned back. The police party apprehended the appellant on suspicion, on search made of his person one pistol was recovered from the right (sic) of his Tahmad and one cartridge was recovered from the right side pocket of his shirt. The accused did not possess any licence for the said pistol and the cartridge. The head constable, Jai Dayal, P.W. 3 sent a ruqa to the police station upon which the offence was registered against the appellant. The Head Constable Jai Dayal commenced the investigation and recorded the statement of the witnesses.

2. The challan was fi