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1999 Supreme(SC) 1122

M.SRINIVASAN, S.N.PHUKAN, G.B.PATTANAIK
Sukhdev Singh – Appellant
Versus
State Of Punjab – Respondent


(1) THIS appeal is directed against the judgment of the Designated Court, Ferozepur at Bhatinda convicting the appellant under Section 5 of TADA and sentencing him to imprisonment for 5 years and a fine of Rs 1000, in default further to undergo RI for 6 months, on the allegation that he was found in possession of arms and ammunition specified in columns 2 and 3 Category 1 of Schedule I to the Arms Rule inasmuch as he gave recovery of one AK-47 rifle and several cartridges from his house. The prosecution case in a nutshell is that on 6-6-1992 at 9.30 a.m. Village Lehra was cordoned off on the secret information that two terrorists had concealed themselves and were about to escape. While the officers concerned cordoned the entire village, one of the suspects took poison and committed suicide but the present appellant was caught redhanded. This appellant then took the investigating officer along with other police people to his own house, opened the same with his key and gave recovery of one AK-47 assault rifle in a box and several cartridges. According to his statement the said rifle had been given by him, (sic) the other person who had committed suicide. The statement of the

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