The Designated Court relying upon the evidence of W.2 Ganga Ram held that the allegation made against the appellant was proved and he was infect found in possession of a pistol and a live cartidge.
The Designated Court also relied upon the report of Forensic Science Laboratory and held that the pistol was in a working companydition.
No independent witness was kept present at the time of either taking the appellant into custody or while seizing the pistol and the cartidge.
SHO Ganga Ram took him in custody and at that time found from his possession, a pistol and a cartidge.
The police was on look out for the appellant.
As disclosed by the prosecution evidence, a space was registered against the appellant and seven others for the offence of murder on November 1, 1988 at Fatehabad Police Station.
The reason given by Ganga Ram in this behalf is the because his maternal uncle was present he did number think it fit to call bay other person to witness the seizure of the weapon and the cartidge.
On 8th November, 1988, the appellant accompanied by his maternal uncle presented himself before the Officer incharge of the Fatehabad Police Station.
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 cartidge.
