LADDAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 7.6.1986 passed by IVth Addl. Sessions Judge, Etawah in S.T. No. 132 of 1985, State v. Laddan @ Muzaffar Ali, under Section 307, I.P.C. and Section 25, Arms Act whereby the trial court has convicted the appellant Laddan and sentenced him to undergo one year R.I. under Section 25, Arms Act and acquitted him of the charge under Section 307, I.P.C. Eschewing unnecessary details the prosecution version, in brief, is that in the morning of 6.12.1984 accused -appellant Laddan @ Muzaffar Ali was extorting money on pistol point from the shop -keepers having shops at Rajaganj Fatak, Etawah. In this connection, some persons informed the police of Chowki Astal. On this information S.I. Sudhanva Singh Tomar (P.W. 1) alongwith other police personnel including constable Sayavir (P.W. 2) arrived at Ranga Lal Crossing. They tried to procure public witnesses but because of the terror of the accused -appellant nobody dared to become the public witness and to accompany the police party to the spot. The police party arrived at Rajaganj Fatak and saw the accused -appellant having a country made pistol in his hands. He was challenged by S.I. S.S. Tomar. On his challenge he opened fire upon the police party with the intention to kill them, but the police party narrowly escaped from the fire by laying on the ground. After opening the fire the accused -appellant ran away towards Shahganj. He was chased and ultimately arrested by the police inside the aforesaid Fatak at about 11.00 a.m. He was subjected to personal search and from his search, a country made pistol having a fired cartridge in its barrel and four live cartridges were recovered from the possession of the accused -appellant. The pistol and cartridges were sealed on the spot and recovery memo was accordingly prepared which is Ext. Ka -1.

(2.) ON the basis of the aforesaid recovery memo two cases were registered in P.S. Kotwali, Etawah one at Case Crime No. 671/84 under Section 307, I.P.C. and another one at Case Crime No. 672/84 under Section 25, Arms Act. In that regard, chick F.I.R. (Ext. Ka. 6) was prepared by Head Moharrir Shiv Shanker Shukla and an entry in the G.D. (Ext. Ka. 7) was made by him in that regard. The investigation was taken up by S.I. Ram Narain Lal (P.W. 3), who after completing the investigation filed charge -sheet (Exts. Ka -3 and Ka -4) after obtaining sanction (Ext. Ka -5) to prosecute the accused -appellant under Section 25 of Arms Act.

(3.) THE accused -appellant in his statement recorded under Section 313, Cr.P.C. denied the occurrence and further submitted that he was raising the contribution (Chanda) in connection with barawafat by way of issuing printed receipts to the donors. He had further stated that he was the editor of the newspapers and used to publish news against the police, so he had been falsely implicated in this case. In his defence, as many as six copies of different newspapers have been filed by him. No defence witness was produced by him in his defence.