Full Judgment Text
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PETITIONER:
JASPAL SINGH
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT: 24/09/1998
BENCH:
G.T. NANAVATI, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
The Appellant has been convicted under Section 25 of
the Arms Act and Section 5 of the TADA Act as he was found in
possession of one DBBL gun .12 bore and five live cartridges
on 17/18.3.1992. The trail court relying upon the evidence
of ASI Balbir Singh and P.W. 4 - Man Singh - who were the
members of the Police party held that it was proved by the
prosecution that the appellant was in possession of those
articles. The trial court further held that as the gun was
found loaded, it can be presumed that it was in working
order. Taking this view, it convicted the appellant, as
stated above.
Admittedly, no evidence was led by the prosecution to
prove that the gun was in working condition and that the
cartridges which were found from the person of the appellant
were live cartridges. Neither ASI - Balbir Singh had stated
so nor any report from an expert was obtained to establish
that the gun was in working condition and that five cartridge
were live. What was found in the gun were two empties and
not live cartridges and, therefore, it was not proper to
presume that it was in working condition. In absence of any
evidence to that effect, the conviction of the appellant
under both these aforesaid Section cannot be upheld. We,
therefore, allow this appeal, set aside the judgment and
order passed by the Additional Judge, Designated Court,
Sangrur, in Special Sessions Case No. 55/92 and acquit the
appellant. He is ordered to be released forthwith if his
presence is not required in jail in connection with some
other case.