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TMI Blog1995 (2) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... Siri Chand (P.W. 3) and Constable Bhup Singh (P.W. 2) and other police personnel were present on the Kacha route connecting village Faggu with village Rohan. At about 12-00 noon the accused was spotted while coming from the side of village Rohan. As the accused after seeing the police party tried to cross through the field, the police party became suspicious and he was intercepted and the Head Constable Siri Chand, P.W. 3 thereafter searched the person of the accused and on search a country made pistol Ex. P. 1 was recovered from the right dub of his chadar and three live cartridges Exts. P2 to P4 were also recovered from the right side pocket of his shirt. The said pistol and the cartridges were possessed by the accused without any valid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsion and search. The learned Judge has also held that although there was discrepancy in the depositions of P.Ws. 2 and 3 about the recovery of the pistol and the cartridges such discrepancy according to the learned Judge was not material and the depositions given by the police personnel were not required to be discarded, because they were not personally interested in the prosecution of the accused. The learned Judge convicted the accused under Section 25 of the Arms Act and Section 6(1) of the TADA and sentenced him to suffer rigorous imprisonment for one year. 3. The learned Counsel for the appellant has submitted that admittedly at 12-00 noon on the village road the appellant was apprehended by the police and it was only natural that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . PW-3, Siri Chand, head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information report was lodged and the case was initiated. He being complainant should not have proceeded with the investigation of the case. But it appears to us that he was not only the complainant in the case but he carried on with the investigation and examined witnesses under Section 161, Cr.P.C. Such practice, to say the least, should not be resorted to so that there may not be any occasion to suspect fair and impartial investigation. 5. In the aforesaid facts and circumstances, we allow this appeal and set aside the conviction and sentence pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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