STATE OF GUJARAT Vs. MAGANBHAI KESHAVBHAI PANCHAL

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the State, under Section 378 Cr. P.C., against the Judgment and order dated 29.11.1995, rendered in Criminal Case No.41 of 1992 by the learned Judicial Magistrate, First Class, Jambusar. The said case was registered against the present respondent for the offence under Section 25(1)(c) of the Arms Act. It was alleged by the complainant Shri J.A. Thakor, P.S.I. that when he, along with Police Constable Veljibhai Punabhai, Mohmed Jumma Khan and others were on petrolling, he gathered information from accused and as per the information gathered, the accused Maganbhai Keshavbhai Panchal, who was in their custody in connection with CR No.II-237 of 1991, was having illegal weapons, kept at village Sambha, Taluka Jambusar. The respondent was in the custody of PSI Shri Thakore and, therefore, during interrogation of the respondent accused he has admitted before the P.S.I. that at his residence some other illegal weapons are kept and it was learnt that eight illegal weapons of country-made like 38 bore and 32 bore revolver, in working condition, have been kept by the accused. So, they went at the place of present accused and recovered said weapons. Panchnama was carried out and eight country-made revolver worth Rs.28,500/- were recovered. It was informed by the respondent that the said weapons were received from one Mangalsing Karansing Sardar of State of Madhya Pradesh. Thereafter the complaint was filed against the present respondent and said weapons were recovered recovered from the accused.

(2.) On completion of investigation the Police filed charge-sheet (Ex.5). The respondent accused denied the charge. Thereafter, during the trial, the statement of witnesses were recorded. Thereafter, the trial Court has recorded the statement of accused u/s.313 Cr. P.C. At the conclusion of the trial, after considering the oral as well as documentary evidence led by the parties and the arguments advance, the learned trial Judge, acquitted the respondent - accused vide judgment and order dated 29.11.1995. Being aggrieved by the said Judgment and order the appellant State has preferred this Appeal u/s. 378 Cr. P.C.

(3.) I have heard learned A.P.P. Shri I.M. Pandya on behalf of the Appellant State and learned Advocate Shri S.K.Bukhari on behalf of respondent accused.