Hon’ble Shailendra Kumar Agrawal, J.—Heard learned counsel for the appellant Shri R.K. Mathur as Amicus Curie as well as learned A.G.A. for the State and perused the record.

2. This appeal has been filed against the judgment and order dated 13.9.1982 passed by Shri M.H. Khan, III, Additional Sessions Judge, Mujaffarnagar in sessions trial No. 58/1981 convicting the appellant under Section 25 (I) (a) Arms Act and sentencing him for a period of one year rigorous imprisonment.

3. The two accused Malu and Iqbal @ Rampal were charged for the offence punishable under Sections 148 and 307 read with Section 149 IPC. They were further charged under Section 25 (I) (a) Arms Act. Their case was committed to the Sessions Court on 27.1.1981.

4. In brief, the prosecution case is that on 29.2.1980, PW1 alongwith SI Pitam Singh (PW1), HC Daulat Ram, HC Dharamvir and six constables were returning to Kandhala from the railway station on foot after checking the train and at about 10.15 pm, on Budhana-Kandhala road, near the grove of Faizi Miya which is towards the South of Budhana-Kandhala Road, they heard some murmuring sound from inside the groves. The SO then flashed his torch inside the grove when he saw 5-6 persons sitting inside the grove. The police party then threw a challenge to those persons but they began to run away. The police then chased them in the grove when one fire was also shot by the miscreants although none was got injured. The police party then arrested two of those miscreants after chasing them who were Balu and Iqbal alias Rampal, the accused persons. The police then conducted their personal search in the grove and from the possession of the accused Balu, one 12 bore country made pistol was got recovered alongwith one live cartridge. One missed cartridge was also found in the barrel of the pistol. One D.B.B.L gun factory made No. 2057 D/8-1970 and three live cartridges (Ex. 4 to 6) and one khoka (Ex. 7) were found from the possession of accused Iqbal which articles were taken into police custody. SI Pitam Singh prepared the recovery memos and then the accused persons were broght to thana where S.N. Aggarwal lodged the report on 29.2.1980 at 11.45 pm on which basis, the case was got registered at the thana and investigation was started by SI Rajpal (PW2) who inspected the place of occurrence on 14.3.1980 and prepared the site plan and after submitted the charge-sheet after completing the investigation.

5. The prosecution examined SI Pritam Singh Bhati as PW1, SI Rajpal as PW2, SI S.N. Aggarwal as PW3, HC Rampal Singh as PW4.

6. PW1 and PW3 are the witnesses of the alleged occurrence and PW2 is the IO and PW4 is the formal witness who is a Malkhana Moharrir PW1 and PW3 both the witnesses narrated the prosecution story in detail and supported the prosecution version. PW1 stated that when he was going alongwith S.N. Aggarwal and others at the time of the checking from railway station Kandhala towards Kandhala Bus Stand on the Budhana-Kandhala Road and when they reached near the grove of Faizi Miya, they heard some murmuring inside the grove which indicated that some persons had collected in the grove. They were five or six in number. A torch was flashed on them. Those persons began to run away. The police party chased them and one of them opened fire towards the police party. However, none was injured because some trees were standing in between. He and other members of the police party succeeded in arresting all those persons at about 10.15 pm and on the personal search of Balu, the accused, a pistol Ex. 1 having a missed cartridge Ex. 2 in his barrel and a live cartridge Ex. 3 were recovered from him. A D.B.B.L gun factory made and three cartridges Ex. 4 to 6 were recovered from the possession of the accused Iqbal. Rest of the formalities were completed on the spot regarding sending of bundle etc.

7. The PW-3 supported the version of PW-1. PW-2 S.I. Rajbal has proved the site plan (Ext. Ka.6), charge-sheet (Ext. Ka. 7