( 1 ) THE prosecution case was that on 17/7/1990 a police party comprising asi Jangir Singh and Constable Chamkaur Singh as also a few others while patrolling the area close to Village Namol in the State of Punjab found the appellant moving in suspicious circumstances and when intercepted was found to be in possession of a country-made pistol of. 12 bore along with two live cartridges - one of which was in the barrel of the weapon, those being carried unauthorisedly. On these facts, the appellant was charged for an offence under Section 25 of the Arms Act, 1959 read with Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.

( 2 ) THE appellant pleaded not guilty and claimed trial in the Designated court, which took cognizance of the offence, recorded the statements of ASI jangir Singh, Public Witness 1 and Constable Charnkaur Singh, Public Witness 2 who narrated the version of the prosecution on the lines aforementioned. The Designated court having believed the version of these two witnesses convicted the appellant for the offence charged and imposed on him a sentence of rigorous imprisonment as imposable to the minimum, i. e. , for five years Rl and payment