The Designated Court relying upon the evidence of P.W. 2 Ganga Ram held that the allegation made against the appellant was proved and he was infact found in possession of a pistol and a live cartridge.
As disclosed by the prosecution evidence, a case was registered against the appellant and seven others for the offence of murder on November 1, 1988 at Fatehabad Police Station.
No independent witness was kept present at the time of either taking the appellant into custody or while seizing the pistol and the cartridge.
The police was on look out for the appellant.
On 8th November, 1988, the appellant accompanied by his maternal uncle presented himself before the Officer incharge of the Fatehabad Police Station.
SHO Ganga Ram took him in custody and at that time found from his possession, a pistol and a cartridge.
The Designated Court also relied upon the report of Forensic Science Laboratory and held that the pistol was in a working companydition.
Nanavati, J. The appellant has been companyvicted under Section 25 of the Arms Act and Section 5 of the TADA Act by the Designated Court, Bhiwani as he was found in possession of a companyntrymade .315 bore pistol and a live cartridge.
