RAVI KANT Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 18.03.1998 passed by the third Additional District & Sessions Judge, Mathura, in Sessions Trial No. 44 of 1997 (State vs. Ravi Kant and others), arising out of Case Crime No. 881 of 1996, under Sections 307/34 I.P.C. and Section 25 Arms Act, Police Station Kotwali, District Mathura, whereby the charges under Section 25 Arms Act were not proved against the accused appellants and they were acquitted for the charge under Section 25 Arms Act but all the accused appellants were convicted and sentenced under Section 307 read with Section 34 I.P.C. each for one year imprisonment along with fine of Rs. 50/- with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution story is that on 06.10.1996 at 12 O'clock in the day time the Inspector Kotwali Rang Nath Shukla was informed about the loot within the jurisdiction of the Police Station. After receiving this information, the S.O. Rang Nath Shukla accompanied by Sub-Inspector Om Prakash Chauhan, Sub-Inspector Subhash Tomar, Sub-Inspector Chitranjan Singh Chauhan, Constables Sahab Singh and Dharam Pal proceeded for the spot by Government vehicle. On the way, Head Constable Hans Raj was also taken by them. As soon as police party reached Maholi Road, they heard the hue and cry at Mohalla Shiv Puri. The jeep was left at Maholi Road and the police party proceeded towards Lodheshwar Mandir. They saw Constable Deenanath, Santosh Kumar, Shiv Kumar, Naresh Kumar of Chowki Baag Bahadur and Constable Babban Singh chasing miscreants. When the miscreants saw the police force in front of them, they retracted and tried to run back but all the five constables arrested the three accused persons who depicted their names to be Ravi Kant, Mohan and Deepak. From the possession of Ravi Kant, a country made pistol in running condition, one live cartridge and a VIP Suitcase containing Rs. 2,70,000/- was recovered. From the possession of Mohan, a country made pistol and Rs. 1,00,000/- in cash was recovered and from the possession of accused Deepak, one country made pistol and Rs. 1,00,000/- as case was recovered. All the recovered articles were sealed separately. A memo was prepared which was signed by all persons present there. The accused and the articles were brought to the police station and the case was got registered.

(3.) Investigation was conducted by PW-2 S.I. Jagan Pal Singh who copied the first information report and recovery memo in the case diary, recorded the statements of Sub Inspector Chitranjan Singh Chauhan, Subhash Singh, Constable Santosh Kumar, Deena Nath and Naresh Kumar. He prepared the site plan which was proved as Exhibit Ka-2. He also submitted the charge sheet which was proved as Exhibits Ka-6 to Ka-9. The prosecution sanction was proved by this witness as Exhibits Ka-10 to Ka-12. Copy of G.D. was proved as Exhibit Ka-14.