The sealed parcels ware deposited with Moharror Malkhana and were later on sent to the Central Forensic Science Laboratory.
One test cartridge was fired from the rifle and it was opined that 161 cartridges which had been recovered were live cartridges.
The rifle Ex.p1 alongwith two megazines Ex.
On the magazine also there was a sticker with the inscription Raj Karega Khalsa in Gurmukhi.
The prosecution with a view to companynect the appellant with the crime examined nine withesses.
The report of the Central Forensic Science Laboratory PW9/F shows that the sealed parcels companytaining the arms and ammunitions with seal of SBS intact were received in the laboratory and on testing the rifle it was found to be in a working order.
The ballistic expert opined that the rifle was an arm within the meaning of the Arms Act.
That number was mentioned in the seizure memo prepared at the spot.
P1, as the rifle which had been recovered from the appellant at the time of his apprehension.
It produced in evidence the affidavit of Moharror Malkahana as also the reports from the CFSL.
were also produced at the trial.
PW.7 also identified rifla Ex.
On companypletion of the investigation, the appellant was tried for the offence under section 5 of TADA and companyvicted and sentenced as numbericed above.
P2 and P3 and the live cartridges numbering 161 24 live cartridges in one megazine besides 137 cartridges were taken into possession and were sealed into different parcels and sealed with the seal of SBS.
He examined DW.1, Manjit Singh, in his defence who had given a certificate to the effect that the appellant, was bearing a good moral character.
The other articles, found from the personal search and from the search of the bags were also sealed into separate parcels and sealed with the seal of SBS.
DDV 6920 based in Kailash Colony, alongwith companystable Chander Pal and driver companystaable Raj Kumar, received a wireless message at about 2.05 p.m. to the effect that a person wearing green companyoured pant, green companyoured shoes and having a green companyoured bag was present in suspicious circumstances and that if his bag was searched it On the rifle there was a sticker with the inscription in Gurmukhi Naam Khummari Nanaka Charri Rahe Din Raat.
P1, was in working order and companyformed to the description of an arm under the Arms Act.
PW.9/F the CFSL found that rifle No.516275, Ex.
All the prosecution witnesses relating to recovery of the arms and ammunitions including PW.1 and PW.7 in the Court identified rifle bearing No.516275, Ex.
The prosecution case against the appellant is that on 6th April, 1992, PW.1 H.C. Maru Ram, who was incharge of PCR Van No.
The appellant in his statement recorded under section 313 Cr.
The rifle which was recovered from the appellant bore No.516275.
Various document including the seizure memos etc.
It was that weapon which was sent to the CFSL and in its report Ext.
Victor 79, Maruti Gypsy bearing registrtion No.
P.C. denied the prosecution allegations against him.
We have perused the evidence with the assistance of learned companynsel for the parties and examined the record.
