SANTOSH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This judgment shall govern Cr. Appeal No. 967/2004 preferred by Santosh Kumar and Cr. Appeal No. 954/2004 preferred by Gabbar Patel, Lakhan Lal and Hiralal arising out of judgment dated 13-10-2004 delivered by 3rd Addl. Sessions (Fast Track Court) in Sessions Trial No. 231 /2004 whereby the appellants in the above-mentioned both the appeals were convicted under Sections 399, 402, of the I.P.C. and under Sections 25(-B) (a) and 25(1-B)(b) of Arms Act and were sentenced to R.I. for seven years and fine amount of Rs. 100/-, in default, to undergo further R.I. for one month each under Section 399 I.P.C., R.I. for seven years and to pay a fine of Rs. 100/- in default to undergo further R.I. for one month each under Section 402 of the I.P.C., R.I. for three years and fine of Rs. 100/-, in default of which, to undergo additional R.I. for one month each under Section 25(-B)(a) and R.I. for three years and fine of Rs. 100/-, in default of the same, to undergo further R. I. for one month each under Section 25(1-B)(b) of Arms Act, 1959.

(2.) Briefly stated the proseution story is that Station House Officer, Police Station Champa, Ramesh Pandey P. W. 7 received information on the intervening night of 16th 17th April 2004 that 6-7 persons of criminal antecedents had assembled near the canal in village Sonthi who were in possession of dangerous weapons and were making preparations to commit dacoity in the village. After informing the senior police officers, Ramesh Pandey left for the place of occurrence and arrested the appellants and three others. Appellant-Gabbar had in his possession one country made pistol and cartridge of 303 bore which were seized vide Ex. P1, appellant-Hiralal was also found in possession of a country made pistol and one live cartridge which were seized vide Ex. P.2. One long and sharp knife having a sword- like edge on one side, in length 14" was seized from the appellant Sanotsh vide Ex. P. 4 and 10 jute bombs were seized from appellant-Lakhan vide Ex. P. 5. From the spot one L. M. L. Freedom motor vehicle bearing No. C. G. 12-P-5245 was also seized. The seized country made pistols were sent to the Reserve Inspector Police for examination vide Ex. P. 17. Shri Jugal Kishore Singh, Head Constable P. W. 16, on examination of the said weapons, opined that both the country made pistols were in working condition and both the cartridges were live cartridges. Upon this, sanction to prosecute the accused appellants Gabbar Patel, Hiralal, Lakhan and Santosh along with three others was accorded by the Collector, Janjgir-Champa under Section 39 of Arms Act vide Ex. P. 11.

(3.) After completion of investigation, the appellants were prosecuted under Sections 399, 402. of the I. P. C. and 25(1-P.) (a) & 25 (1-B) (b) of Arms Act, 1959. The appellants abjured the guilt, pleaded innocence and led no evidence in defence. The proseution examined as many as 7 witnesses. The learned trial Judge convicted and sentenced the appellants as aforesaid in paragraph 1 (supra). Co-accused Pramod Kumar, Vijay Kumar and Nirmal Kumar who were also found making preparations for committing dacoity with the above mentioned appellants were prosecuted before Juvenile Court separately.