JUDGMENT :

Jasjit Singh Bedi, J.

The present revision petition has been filed impugning the judgment dated 01.04.2008 passed by Additional Sessions Judge, Faridkot whereby the appeal filed against the judgment of conviction and order of sentence dated 15.11.2006 passed by Chief Judicial Magistrate, Faridkot has been dismissed.

2. The FIR in the present case came to be registered on 24.01.2003. The judgment of conviction was passed on 15.11.2006 by the Chief Judicial Magistrate, Faridkot. The Appeal filed against the order of conviction was dismissed on 01.04.2008 by the Additional Sessions Judge, Faridkot. The instant revision was filed on 07.05.2008 and has come up for final hearing now i.e. after a period of 22 years from the date of registration of the FIR.

3. The prosecution story in brief is that on 24.01.2003 ASI Rachhpal Singh along with ASI Chint Ram, HC Hira Singh, HC Nirmal Singh, and other police officials on government canter alongwith Satwant Singh Incharge CIA Staff, Faridkot, were present on the drain bridge in connection with a special Nakabandi. Darshan Singh SI/SHO P.S. Sadar, Faridkot alongwith HC Surinder Singh and other police officials and ASI Bachittar Singh alongwith other police officials of P.S Sadar, Kotkapura also came there. Some informant gave secret information to Satwant Singh Incharge CIA staff that Jagtar Singh accused along with four more persons were present in the Chhapri (pond) situated in the Bir Sikhanwala near Dera of Baba Kala Mahir and were making schemes to commit thefts and robberies. The incharge sent a ruqa to the Police Station Sadar, Faridkot for registration of the case. Thereafter the whole police party reached the place as disclosed in the secret information and formed separate parties. In the party of ASI Rachhpal Singh were HC Surinder Singh, HC Jagjit Singh and constable Gurjant Singh. When the police parties reached the chhapri, the persons present there ran in different directions out of whom the accused was apprehended by the police party of ASI Rachhpal Singh. On a personal search of the accused, from the right side dub of the pants of the accused one 315 bore country made double barrel pistol was recovered. On unloading the pistol two live rounds of 315 bore were recovered. From a further search of the accused currency notes of Rs.40/- were also recovered from the right side dub of the pants worn by the accused. The Rough sketch of the pistol was prepared and the pistol and the six rounds of 315 bore were taken into possession after converting the same into parcels and sealed with seal bearing impression RS. The currency notes were also taken into police possession. A Rough site plan of the place of recovery of the pistol was prepared. Statements of the witnesses were recorded. The accused was arrested. On return to the police station, the accused was lodged in the police lock up and the case property was deposited with the MHC. Sanction of the District Magistrate, Faridkot was obtained for prosecution against the accused under Section 25 of the Arms Act. After completion of the investigation challan against the accused was presented in Court.

4. Finding a prima facie case punishable under Section 25 of the Arms Act, charge was framed accordingly against the accused to which he pleaded not guilty and claimed trial.

5. The prosecution examined PW1 MHC Pal Singh, PW2 Ashok Kumar, PW3 ASI Rachhpal Singh, PW4 HC Surinder Singh and PW5 Gurnam Singh and then closed the prosecution evidence.

6. All the incriminating circumstances were put to the accused in his statement recorded under Section 313 of the Cr.P.C. which he denied and pleaded innocence.

7. Based on the evidence led, the accused came to be convicted and sentenced by the court of Chief Judicial Magistrate, Faridkot vide judgment and order of sentence dated 15.11.2006 as under:-

8. The accused/petitio