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VIKAS @ VICKY ....APPELLANT versus THE STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Vikas @ Vicky ....Appellant v. The State of Haryana - CRA-653-2006 [2006] RD-P&H 1848 (21 March 2006)

Crl.A.No.653-SB of 2001 (1)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Appeal No.653-SB of 2001

Date of decision: 10.1.2006

Vikas @ Vicky ....Appellant

Versus

The State of Haryana ...Respondent

CORAM: HON'BLE MR.JUSTICE AMAR DUTT.
HON'BLE MS.JUSTICE KIRAN ANAND LALL.

Present: Mr.P.C.Chaudhary, Advocate,

for the appellant.

Mr.B.S.Rana, Senior Deputy Advocate General, Haryana.

JUDGMENT

AMAR DUTT,J.

This appeal has been filed by Vikas alias Vicky appellant to challenge the conviction and sentence recorded against him by the Additional Sessions Judge, Panipat on 20.4.2001 in case F.I.R.No.227 dated 20.6.1996 registered under Sections 25/54/59 of the Arms Act, in Police Station City, Panipat.

Briefly stated, the facts of the prosecution case are that on 20.6.1996, the appellant was arrested by SI Krishan Pal and other police officials during the investigation of case F.I.R.No.193 of 1996 under Sections 363/365/386/364-A/34 of the Indian Penal Code in Police Station Crl.A.No.653-SB of 2001 (2)

City, Panipat when they were present near old truck union, Panipat. The personal search of the appellant led to the recovery of one pistol of .315 bore and three live cartridges. A rough sketch of the pistol Ex.PC was prepared by SI Krishan Pal. The pistol and the cartridges were taken into possession through seizure memo Ex.PD. A ruqa Ex.PF was sent to the Police Station and on its basis formal FIR Ex.PF/2 was recorded. The Investigating Officer also got the pistol tested from an Armour and after obtaining the requisite sanction of the District Magistrate a challan was filed against the appellant for violation of the provisions of Section 25 of the Arms Act.

After the case was committed, a separate charge under Section 25 of the Arms Act was framed against the appellant to which he pleaded not guilty.

In order to bring home charge against the appellant, the prosecution examined Madan Lal Sethi PW1, HC Azad Singh PW2, Sanjay Tayal PW3 and SI Krishan Pal PW4 before closing its evidence.

When examined under Section 313 of the Code of Criminal Procedure in order to explain the incriminating circumstances appearing in prosecution evidence against him, the appellant denied all the circumstances and asserted that he was falsely implicated in this case.

The trial Court after perusing the evidence and the record came to the conclusion that the case against the appellant for illegal possession of pistol and three live cartridges was proved beyond reasonable doubt and after convicting him under Section 25 of the Arms Act sentenced him to undergo rigorous imprisonment for a period which he has already undergone as under trial.

At the time of hearing arguments in the main appeal i.e.

Crl.A.No.307-DB of 2001, no arguments were addressed on behalf of the appellant to challenge the veracity of the evidence brought on the file in Crl.A.No.653-SB of 2001 (3)

this separate trial. This was presumably on account of the fact that the sentence awarded was so innocuous that even in case of dismissal of the appeal, the same would not, in any way, prejudice the appellant, as he would not have to serve any additional imprisonment on account of his conviction. In spite of this fact, we have gone through the evidence and find that on record the appellant has not been able to bring any material which would persuade us to discard the testimony of the witnesses examined in the case.

Consequently, we have no hesitation in dismissing the appeal and upholding the conviction and sentence recorded by the Court below.

Ordered accordingly.

(Amar Dutt)

Judge

(Kiran Anand Lall)

January 10, 2006 Judge

Rana


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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