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1995 Supreme(SC) 1461

A.S.ANAND, K.VENKATASWAMI
Buta Singh – Appellant
Versus
State of Punjab – Respondent


ORDER :

Dr. A.S. Anand, J. - The appellant was tried by the learned Additional Judge, Special Court, Bhatinda for an offence under Section 25 of the Arms Act. He was convicted and sentenced to undergo eight years' rigorous imprisonment and to pay a fine of Rs 100 and in default of payment of fine to undergo further rigorous imprisonment for 15 days. Through this statutory appeal, he has questioned his conviction and sentence.

2. According to the prosecution case on 25-6-1984 the appellant was apprehended by Sub-Inspector Mohinder Singh, PW 2 and Head Constable Mohinder Singh PW 1 and from his personal search a .32 bore revolver along with 24 live cartridges were recovered. The appellant failed to produce any licence for the arm and the ammunition. Rough sketch of the revolver was prepared at the spot and the arm and ammunition seized from the appellant were put in separate parcels. The case was registered against the appellant at the police station on receipt of the ruqa from PW 2. After obtaining sanction from the District Magistrate, Bhatinda for prosecution of the appellant, the challan was presented in the Court.

3. The prosecution has examined Head Constable Mohinder Singh PW 1 a

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