MAHANGURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 26.11.2014 passed by 1st Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.45 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in short, is that on 2.2.2014, Surendra Uike (PW7), Station House Officer of Police Station Nagarnar, along with his staff, was on forest search and village visit. At that time, he received a secret information that the Appellant/Sarpanch of Village Gumalwada had kept naxal literature and explosive substance in his house. He reached the spot along with search party and witnesses. He searched the cow kotha (cowshed) of the Appellant. He found there explosive substance detonators, naxal literature, banners and pamphlets. They were seized vide seizure memo (Ex.P2). Search Panchnama (Ex.P3) was prepared. The seized explosive substance detonators were sent to BDS, Jagdalpur for examination. They were examined by Santosh Kumar Verma (PW5), a non-commissioned officer of BDS, Jagdalpur. His report is Ex.P5. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. Necessary sanction for prosecution of the Appellant was obtained from the competent authority. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charges against him.

(3.) To bring home the offence, the prosecution examined as many as 8 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt, pleaded innocence and false implication. One Chaituram Baghel was examined as a witness (DW1) in defence of the Appellant.