STATE OF GUJARAT Vs. DHIRENDRA AND ORS.

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant - State Ms. C.M. Shah and learned Advocate for the respondents Mr. Dharmesh D. Nanavaty/Mr. Premal S. Rachh.

(2.) BY way of this Appeal, the State has felt aggrieved by the judgment and order dated 30.11.2005 of the learned Additional Sessions Judge, Fast Track Court No. 3, Jamnagar in Sessions Case No. 170/2001 whereby the respondents herein were acquitted for the offences punishable under Sections 25(1)(1A) and 25(1)(1AA) of the Arms Act.

(3.) LEARNED Additional Public Prosecutor Ms. C.M. Shah for the appellant - State has submitted that the learned Judge ought to have appreciated the version of PW 15 - Complainant PSI Parakramsinh Kanubha Jadeja who has narrated in length about the incident at Exhibit 48. It is narrated therein that the accused No. 1 herein was caught red handed with prohibited arms. It is further submitted that the learned Judge ought to have appreciated the version of PW 17 - Mr. N.M. Parmar who has been examined at Exhibit 62. This witness has deposed in his testimony that on 12.04.1998, he was summoned at the LCB Office, wherein he was instructed to check the pistol of 0.0380 caliber and upon examining the same, it was found to be an automatic pistol and the witness had checked four cartridges which were in a live condition. The deposition of this witness has been corroborated with other witnesses, i.e. the complainant but the learned Judge has not believed the same and thereby committed an error in coming to the conclusion. It was also pointed out that PW 17 - Police Witness Mr. Navalsinh Mahobatsinh Parmar has clearly stated that on the day of the incident, he had checked the firearm and it was found to be in a working condition and the cartridges were also alive. Considering the above, it is submitted that this is a fit case which requires interference by this Court and the judgment and order of the learned Additional Sessions Judge, Fast Track Court No. 3, Jamnagar requires to be upturned.