LAXMAN JANGU MADAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offences punishable under Sections 25(1)(1-B)(a) read with Section 3 of the Arms Act and Section 5(a) of the Explosive Substance Act, 1984. He has been sentenced to suffer rigorous imprisonment for 2 1/2 years for the former offence and rigorous imprisonment for 5 years for the later offence. He was arrested on 9th December, 2008, and since then he is in custody. As such, in fact, he has already undergone the sentence imposed on him, as both the sentences were to run concurrently. However, the learned counsel for the appellant has submitted that the appellant is innocent and he wants to contest the appeal to clear himself of the stigma of conviction. It is submitted by the learned counsel for the appellant that the panch witnesses who were present at the time of alleged seizure had not supported the prosecution. It is further submitted that the evidence of other witnesses is not believable. The learned counsel Mr. Lingayat has submitted that it is unacceptable that a Naxalite would move in the forest alone with out-dated 12 bore gun. It is his contention that gun, cartridges and explosive were planted by the Police to create a false case against the appellant. The appellant was involved in Naxal movement earlier. He had surrendered before the Police. It is submitted that later on he has been implicated in this false case.

(2.) The learned Additional Public Prosecutor Mr. Bhoyar has submitted that if the appellant had surrendered before the Police, the Police had no reason to involve him in a false case. According to him, almost all the witnesses are part of anti-naxal police and their evidence cannot be rejected.

(3.) To appreciate the arguments of both the sides, it would be necessary to state the evidence of witnesses in brief.