After a protracted legal battle spanning over two decades, the Punjab and Haryana High Court has acquitted a man from Faridkot, initially convicted under the Arms Act. The acquittal comes as the court determined that the police failed to prove the firearm in question was in working condition.
In a significant judgment, Justice JS Bedi noted inconsistencies in the police report concerning the functionality of the .315 bore country-made double-barrel pistol allegedly recovered from the accused, Jagtar Singh, during a police raid in 2006. The court highlighted that the police examination report only covered the trigger mechanism and notably omitted any verification of the firing pin, a crucial component in establishing whether the weapon was capable of discharging a projectile.
The case originated from an incident where the police, acting on a tip-off, raided a secluded location where several individuals, including Singh, were purportedly planning to commit a crime. While others escaped, Singh was apprehended, and the pistol was recovered. He was convicted in November 2006 by the Chief Judicial Magistrate of Faridkot and sentenced to two years in prison. His appeal was subsequently dismissed by the Additional Sessions Judge in April 2008, prompting the move to the high court.
Justice Bedi’s judgment referenced various precedents stipulating that while test firing is not mandatory to establish a firearm’s operational status, the physical examination must confirm its ability to fire. “Apparently, when the trigger is pulled, it releases a hammer or a pin which then strikes the percussion cap at the base of the cartridge which propels (fires) the same. Thus, in the absence of checking for a firing pin, it cannot be ascertained that a shot could be fired and, therefore, the weapon cannot be stated to be a firearm in working condition,” the judgment read.
The high court’s decision underscores the necessity of thorough forensic analysis in weapons-related cases under the Arms Act.
