STATE OF MAHARASHTRA Vs. MANSA MASNAILRAMA DEOKATE

JUDGEMENT

(1.) The appellant, the State of Maharashtra has filed this Criminal Appeal challenging the order of acquittal recorded in favour of respondents-accused Nos. 1 and 2 who were tried by the Judicial Magistrate (First Class), Gangakhed, under stc. 25 (!) (a) (e) read with section 3 of the Aims Act.

(2.) The facts in brief are as under:- Devidas Y. Muley, P. S. I. was posted at , Palam Police Station. On 17-3-1975, he received information that accused Mansa and somla were possessing arms. These two accused were required in Criminal R. No 30 of 1673 of Palam Police Station for an offence of dacoity. As they were abscour ing and they weie possessing arms, on l7-3-1975, at about 4 p. m., Shri Devidas Muley, along with the police party and two panchas in the company of Superintendent of Police Parbhani, and other police officers left Palam Police Station, in search of these two accused persons. They took police van upto village Pethpimpalgon, and then climbed the hill and went on the top of the hill. This Morambi village falls within the jurisdiction of Nanded District. As soon as the Police party went near the Morambi village, two persons from the village came out on taking note of the movement of the police party. They had satchels in their arm pits One of them was holding a gun, and both of them were running towards Mukhed Tambulgaon village. The police party ran after the accused and ultimately when Tambulgaon village was at a distance of 1 furlong on the east, the police party was successful in catching them On their search. Masna was found in possession of a muzz'e loaded gun and the other was found with a country pistol. There was gun powder and several explosive materials with them which were attached under a panchnama. Sanction was taken. Thereafter the property is sent for Ballistic experts Examination,and ultimately a charge sheet was filed in the Court of the learned Judicial Mag strate (First Class), Gangakhed.

(3.) Though the raiding party consisted of several Police Officers, only Devidas Muley examined himself and the Panch. Besides Ballistic expert was examined. The accused denied to have committed any offence. According to them, they were not found in possession of any property. Because they were involved in some other offence, a false case was lodged against them. The learned Magistrate, on appraisal of evidence came to the conelusion that the prosecution evidence that the accused were found in possession of arms was doubtful. According to him, the prosecution evidence also fell short of showng that the accused were caught in Tambulgaon boun- dary of Murambi village. He then considered the question of sanction and found that it was issued without any aplication of mind. Several infirmities from the sanction are pointed out by him. The original copy which was produced in Court was not signed by the District Magistrate. A copy was brought and it contained several mistakes which the learned Magistrate has pointed out. He, therefore found that the prosecution miserably failed to establish its charge, and in the result be acquitted the accused Aggrived by that order, the present appeal has been filed.