RAMESHWAR Vs. STATE

JUDGEMENT

(1.) RAMESHWAR s/o. Jeet R/o. Madhapur, P. S. Fatehpur Chaurasi District Uanao has filed this appeal against the judgment and order of Sri U. S. Gupta, Sessions Judge. Non Metropolitan Area, Kanpur dated 18-7-1978, passed in Sessions Trial No. 299 of 1977- - The learned Sessions Judge has convicted the appellant under section 25 Arms Act and sentenced him to two years' R.I.

(2.) ACCORDING to the case of the prosecution. S. I. Prahlad Singh, Station Officer of P. S. Kakwan, District Kanpur was returning to his Police Station after Investigating a case registered at Crime No. 109. u/Sec. 395/ 397 IPC on 15-9-1974. He received Information at Maddupur Pul from an Informer at about 2 P.M. that two persons were coming from towards Nadwa Rampur side and would go to Village Kursi Khera and that the two persons were in possession with illioit arms and stolen property. Thereupon Sub Inspector collected public witnesses, namely, Suraj Pal, Raja Ram and Natha Singh and lay in ambush towards south of the culvert waiting arrival of the culprits. At about 2.30 P.M. two persons, including the appellant, were seen coming from Nadwa Rsmpur side. When they came pear culvert, Sub Inspector accosted them and apprehended them after using necessary force the appellant was carrying a Jhola which was searohed. A country made pistol and three live cartridges were found in the Jhola wrapped in a towel. S. I. Prahlad Singh sealed the same in the Jhola (Est. 2) in presence of the witnesses and prepared recovery memo Evt. Ka-3, The appellant was made Baparda on the spot and despatched to the Police Station. A cheeck FIR. Ext. Ka-4 was drawn on the basis of the recovery memo Ext. Ka-3 and the case was registered against the appellant. The case was investigated by S.I Ram Babu Yadav who after obtaining necessary sanction of the prosecution from the District Magistrate Ext Ka-6 filed charge sheet against the appellant. At the trial the prosecution examined PW 2 Sural Pal, PW 3 Nathu Singh and PW 4 S. I. Prahlad Singh as witnesses of fact. PW 1 Riyazulhaq was constable Moharris who proved the general diary entry Ext. Ka-2 He also proved FIR Ext, Ka-1 and general diary Ext. Ka-2 PW 5 S.I. Ram Babu Yadav is the Investigating Officer of the case.

(3.) THE learned counsel for the appellant has submitted that the sanction of prosecution has been given by the District Magistrate, Kanpur without applying bis mind to the facts and circumstances of the case. He has drawn the attention of the court to the fact that the order of sanction is not a speaking order. THE sanction order reads as follows :-