Point of Law: Under Section 27 of the Arms Act 1959 for using the firearm. Rigorous imprisonment for three year and fine of Rs.5,000/- and in case of non-payment of fine to undergo rigorous imprisonment for six months.

JUDGMENT :

SATYEN VAIDYA, J.

By way of instant appeal, the appellant has assailed judgment dated 26.09.2018 and sentence order dated 03.10.2018 passed by learned Additional Sessions Judge (I), Una, District Una, H.P., whereby the appellant has been convicted and sentenced as under:-

2.1 The prosecution case rested on the premise that on 21.10.2014, PW-21 Ravi Dutt, telephonically informed Police Station, Amb, District Una, H.P. that someone had caused grievous injuries to his mother and she had died as a result thereof. On such information, the police reached village Lamba Sail.

2.2 Police recorded the statement of PW-1 Rama Rani under Section 154 Cr.P.C to the effect that at about 7.30 PM on 21.10.2014, PW-1 was sitting with her mother Veena Devi in the ‘Veranda’ of their house. Her maternal uncle Lakhvir Singh (appellant) came and struck Veena Devi on her head with some rod like object made of iron. Veena Devi was dragged to a place where cattle used to be tethered and there also she was assaulted by the appellant. Appellant also inflicted blows on PW-1. In this assault, PW-1 and her mother had received injuries.

2.3 PW-1 called her brothers PW-21 Ravi Dutt and PW-2 Kharif Singh telephonically. Gurbachan Singh and Anjeev Singh also reached the spot on hearing the commotion.

2.4 The appellant was nurturing a grudge against the family of deceased as his wife had been residing in the house of deceased for some time.

2.5 On the basis of aforesaid complaint, FIR Ext.PW-23/A was registered at 11.50 p.m.

2.6 Appellant was arrested on 22.10.2014. He made a disclosure statement dated 24.10.2014 Ext.PW-4/A, disclosing therein that on 21.10.2014 he had concealed a country made pistol under a pine tree near “Lamba Sail” School on a link road to “Maidi” and he could get the same recovered. PW-4 Tilak Raj and Ranjeet Singh (not examined) witnessed the recording of aforesaid disclosure statement.

2.7 In pursuance to disclosure statement Ext.PW-4/A, appellant lead the police party and aforesaid witnesses to place “Talliya-da-Tillo” and got recovered a country made pistol from bushes underneath a pine tree. The country made pistol was blood stained and some blood stained hair were also found stuck between the chamber. The fire pin and a cartridge appeared to be stuck in the barrel. Recovery memo Ext.PW-1/B was prepared. The sketch Ext.PW-4/C of recovered pistol was prepared on spot and the recovered weapon was seized.

3. On completion of investigation, police found sufficient evidence against the appellant and filed “Challan” accordingly. Appellant was charged for the commission of offences under Sections 302, 323, 324 IPC and Sections 25 and 27 of the Arms Act. Appellant pleaded not guilty and claimed trial.

4. Prosecution examined total 25 witnesses. Appellant was examined under Section 313 Cr.P.C. Appellant examined Dr. Indu Bhardwaj as DW-1 in his defence. On conclusion of t