Gurbax Singh vs State of Punjab

Mehtab S. Gill, J.

Gurbax Singh was tried for offences punishable under Sections 4 and 5 of the Explosive Substances Act and S. 25 of the Arms Act. He was ultimately convicted and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 100/ and in default of payment of fine to further undergo 15 days rigorous imprisonment under sections 4 and 5 of the Explosive Substances Act on each count and two years rigorous imprisonment under Section 25 of the Arms Act. All the substantive sentences of imprisonment were ordered to run concurrently.

Succinctly, the prosecution case is that on 30.8.1982, SI Joginder Singh of CIA Staff, Bhatinda alongwith police party was proceeding towards village Bhopal. At the bus stand of village Bhopal, SI Joginder Singh received secret information against the appellant. The police party was then proceeding towards to the house of the accused. On the way, PW Zora Singh was associated at the canal minor bridge of village Ral. The accused was arrested and interrogated. He made disclosure statement that he had kept concealed a rusty hand grenade and eight live cartridges of Stengun in mud pot covered with cloth buried in the earth on the left corner of his house and offered to get the same recovered. In pursuance of his disclosure statement, he got recovered handgrenade and eight cartridges. Two separate cases under Sections 4/5 of the Explosive Substances Act and S. 25 of the Arms Act were registered against the appellant.

After the conclusion of trial, the accused was convicted and sentenced as noticed earlier.

The learned counsel for the appellant has not been able to find fault with the conviction of the appellant. The learned trial Court has given cogent reasons for basing the conviction of the appellant. I do not find any ground to take a different view than the one taken by the learned trial Court. Therefore, the conviction of the appellant is confirmed.

So far as the sentence imposed upon the appellant is concerned, there are mitigating circumstances which require drastic reduction in the sentence. P.W. 2 S. I. Joginder Singh candidly admitted in his crossexamination that the hand grenade and the cartridges were rusty. He neither observed any igniter set nor fuse in the hand grenade. PW.3 P. K. Mukhopadhaya, Deputy Controller of Explosives Calcutta also admitted that the hand grenade cannot be exploded without igniter set and that fuse was a necessary part of the igniter set. When there was no igniter set which is an apparatus for firing an explosive, how the handgrenade could have endangered the lives of others?

There is another aspect of the matter. The recovery in this case is alleged to have taken place in August, 1982 and his appeal is being disposed of in the year 1999. There is flagrant violation of the provisions of Article 21 of the Constitution of India. The Constitution has guaranteed a fundamental right on an accused to have speedy and expeditious trial. Fundamental rights are not a teasing illusion to be mocked at. These are meant to be enforced and made a reality. The speedy trial is also in public interest. Keeping a person in fear of conviction for more than 17 years cannot be with the spirit of the procedure established by law. For mental agony on account of protracted trial, an accused can be compensated by slashing his sentence. The appellant has been suffering the vagaries of this criminal trial for the last more than 17 years and if the sentence passed upon by him by the learned Sessions Judge is not reduced at all what will be the compensation to him who faced trial for this period during which this case has been hanging on him like a damoclean sword ?

In the peculiar facts and the circumstances of this case, the sentences awarded to the appellant on various counts are reduced to the one already undergone by him. However, the sentence of fine shall remain intact.

This Criminal Appeal is disposed of in the manner indicated above.

The appellant shall stand discharged from his bail bonds and surety bonds, if any.