GULJARSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three revisions can be disposed of by this common judgment.

(2.) ALL the three applicants are residents of village Pachori, taluq Burhanpur, district East Nimar, of Madhya Pradesh State. They have bee found guilty under Section 3 read with Section 25 (a) of the Arms Act, 1959 hereinafter called the Act, for having been found at village Ambaparwa possessing what is styled by the prosecution as revolver and certain ammunitions.

(3.) BRIEFLY stated, the facts are that P. S. I. Panjabrao was attached to Khangaon Police Station. He had found Tarasing and Baryamsing having in possession of some hand-made pistols in October, 1971 and pursuant to the information lie proceeded to village Ambaparwa which is on the border of the two States, Maharashtra and Madhya Pradesh, He was accompanied by Sambhajj and Samad, two police constables. Having got down at the Dak-Bungalow at Ambaparwa, it is the case of the prosecution that constable Sambhaji and Samad were sent to the village of the accused in Madhya Pradesh by crossing the border and they were asked to get the accused at Ambaparwa on the pretext that there were prospective purchasers for their pistols and ammunitions. A panch from village Bawanbir by name Sukh-deo was also kept ready to witness the incident. According to the prosecution thus Punjabrao laid a trap and eventually on the say of Sambhaji, it is stated that these accused-applicants came to Ambapurwa and they were possessed of the articles like country made pistols and certain cartridges. Seizures were effected which are filed in the respective cases started against these three accused. Eventually after the seizures, F. I. R. was lodged and these accused along with 3 others were put up for trial for offences under Sections 3 and 5 read with Section 25 (a) and (c) respectively of the said Act. The present applicants have only been convicted for possessing the so-called pistols and ammunitions at village Ambaparwa when they were apprehended by P. S. I. Punjabrao, under Section 3 read with Section 25 (a) of the Act. That conviction is under challenge.