Ludhiana: Court acquits 3 in illegal weapons case
The court of Khanna sub-divisional magistrate Bhupinder Mittal acquitted three accused facing trial in a case of possessing illegal weapons after finding ‘chinks in the investigation’, officials said.
The court of Khanna sub-divisional magistrate Bhupinder Mittal acquitted three accused facing trial in a case of possessing illegal weapons after finding ‘chinks in the investigation’, officials said.
The court said in the orders that the prosecution failed to prove its case ‘beyond reasonable doubt’ and the benefit of doubt goes to the defendant.
Investigating officer from Khanna police, assistant sub-inspector (ASI) Sukhdev Singh said in his cross-examination that he never affixed any seal or any other identification mark that proves that the pistol, revolver, magazine and other cartridge were recovered from the accused.
The ASI is now retired. He further said that the allegedly recovered articles never produced as case property in the present case at the time of recording of his evidence.
ASI Mohal Lal, who was the recovery witness, admitted in his cross-examination that he had not seen the case property at the time of his examination and the same was also not produced on the day of his cross-examination.
Similarly, ASI Satnam Singh (munshi, malkhana) admitted in his cross-examination that he never saw the alleged case property, including .32 bore revolver and pistol, or any cartridge pertaining to the present case till date.
Examining the statements, the court found that weapons allegedly recovered from the accused persons, are neither produced in court nor proved on record.
“In the absence of production of case property, it cannot be said with certainty that any weapon was recovered from the accused persons. Non-production of the case property makes the story of the prosecution suspicious and doubtful,” the court observes.
“There is no document on the court file of malkhana of City-2 police station of Khanna pertaining to register 19, which proves that ASI Sukhdev Singh deposited the case property with him in 2023,” the court noted.
The court added that it has come to the surface that independent witnesses were available at the time when the police claimed to recover the weapons from the trio, but no effort was made by prosecution to join them in the investigation.
ASI Sukhdev Singh admitted in court that he did not try to join any private person in the investigation.
The City 2 police station in Khanna had arrested three accused, Sukhvir Singh alias Sukhi, Chandan alias Munna and Pardeep Singh, all residents of Khanna, and claimed to have recovered two illegal weapons from their possession on June 21, 2023.
A first-information report (FIR) was registered under section 120 B of the Indian Penal Code (IPC) and sections of the Arms Act.