JUDGMENT

A.S. Nehra, J. - This appeal is directed against the judgment dated 17/18.12.1992 passed by the Additional Sessions Judge Karnal by which the appellant has been convicted under Section 25 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three months and a fine of Rs. 50/- and in default of payment of fine to further imprisonment for 15 days.

2. Briefly stated the fact of the prosecution case are as under:

On 7.3.1990 Sub-Inspector Badan Singh arrested the accused from the road which leads to village Bassi from village Sarafali in a murder case F.I.R. No. 111 dated 4.3.1990, Police Station Assandh. On interrogation in the presence of Dalip Singh and Makhan Singh, the accused made disclosure statement Ex. P.F. that he had kept concealed one Barchha in his field under the heap of Toria and that he could get the same recovered. This disclosure statement was reduced into writing which was signed by the accused and attested by Dalip Singh and Makhan Singh. Then the accused led the police party to the above place and got recovered Barchaa Ex.P. 1 from underneath the heap to Toria. Sub Inspector Badan Singh then prepared rough sketch Ex. P.C./1 of the Barchha and took the same into possession in a sealed parcel vide recovery memo Ex. P.C/2. Then S.I. Badan Singh sent ruqa to the police station for registration of case under the Arms Act against the accused.

3. In support of its case, prosecution has examined Head Constable Chander Singh, P.W. 1, Constable Ved Parkash P.W. 2, Makhan Singh, P.W. 3 and S.I. Badan Singh, P.W. 4.

4. In order to prove the recovery of Barchha Ex. P. 1 from the possession of the accused, the prosecution has examined Makhan Singh, P.W. 3 and S.I. Badan Singh P.W. 4. S.I. Badan Singh P.W.4 is the Investigating Officer of the case and he has stated that on 7.3.1990 he arrested the accused from the road which leads to village Bassi from village Kheri Sharafli; that on interrogation the accused made disclosure statement that he had kept concealed Barchha under the heap of Toria lying in his field and he could get the same recovered, that disclosure statement was attested by Dalip Singh and Makhan Singh and was signed by the accused and that then in pursuance of this disclosure statement, the accused got recovered Barchha from the above place which was taken into possession in a sealed parcel; Makhan Singh, P.W. 3 has also deposed to the same effect. Makhan Singh and S.I. Badan Singh witnesses were cross-examined at great length. Makhan Singh son of Surjan Singh is resident of village Babari. He stated that on 7.3.1990 at about 9.15 a.m. he and Dalip Singh were standing with the police party at Bus Stop Kheri Sharaf Ali when S.I. Badan Singh received some secret information against the whereabouts of the accused through a secret informer; that on the receipt of this information both of them were joined by the police and they proceeded towards the school where the accused was seen standing; that the policy party arrested the accused and interrogated him and during the course of interrogation he made a disclosure statement to the effect that he had kept concealed a barchha in his fields under the heap of Toria and could get the same recovered. During cross-examination, he has admitted that Kirpal Singh, father of Mohinder Singh deceased, is his father-in-law; that his village is about 60 kms. from village Kheri Sharaf Ali; that he has not seen the fields of the accused from where the barchha is alleged to have been recovered earlier to the occurrence and that he could not tell the owners of the adjoining fields.

5. Badan Singh P.W. 4 stated in his cross-examination that the accused did not try to escape nor he offered any resistance at the time of his apprehension and the accused made disclosure statement after about 2-3 minutes of his apprehension; that the accused had made the statement in Hindi; that the place of recovery might be at a distance of 4 kms. from the place of his ar