BAL KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgement and order dated 15.03.1985 passed by 5th Additional Sessions Judge, Agra in Session Trial No. 569 of 1984, whereby the appellant has been convicted and sentenced to 2 years' R.I. under section 25 Arms Act.

(2.) The brief facts which give rise to this appeal are that the appellant along with one Charan Singh was committed by Munsif Magistrate, Agra vide his order dated 20.11.1984 under section under section 307 I.P.C. As per prosecution story on 19.06.1984 at about 10.15 p.m. in the night when S.I. Sri Suraj Singh and Sheetal Chandra Mishra and other police personnel were busy in routine patrolling and in search of wanted criminals they saw two persons near Janta Nursery and when on seeing the police personnel, they tried to escape, they were chased and one of them opened fire upon the police and the police also retaliated and opened fire upon them and also arrested one person on the spot, who was Bal Kishan, the present appellant. The other person escaped. However, he was fully identified. From the search of the appellant Bal Kishan, one countrymade pistol and two cartridges were recovered from him. Later on the police registered F.I.R. against both the appellants as well as other persons. The appellant and the other accused person denied charges levelled against them. The police submitted chargesheet and the appellant and other accused were committed to the Court of Sessions by the Magistrate. After framing the charge, prosecution produced three witnesses, P.W.1 Suraj Singh, S.I.; P.W. 2 Sheetal Chandra Mishra, who is also S.I.; and P.W. 3 witness Sri Janak Singh, who was the investigating officer. On believing the evidence of the prosecution witnesses, the Court convicted the appellant under section 25 Arms Act only and acquitted him on the charge under section 307 I.P.C. and sentenced the appellant to undergo sentence of two years R.I.

(3.) Feeling aggrieved, the accused Bal Kishan has preferred this appeal.