STATE OF MADHYA PRADESH Vs. VEERU SINGH

JUDGEMENT

(1.) This Appeal against acquittal has been preferred by the State of Madhya Pradesh, on being aggrieved by the Judgment of acquittal passed by Special Judge, Morena in Special Case No. 03/2001 on Date 22.04.2002, whereby Respondent Veeru @ Veer Singh, Budh Singh and Bhagirath have been acquitted from the Charges framed against them under Section 216-A of the Indian Penal Code read with Section 11, 13 Madhya Pradesh Dakaiti Evam Vyapaharan Prabhavit Kshetra Adhiniyam as also under Section 25 (1B) (a) and Section 30 of the Arms Act

(2.) The Prosecution has demonstrated during trial that upon receiving intimation on Date 28.08.2000, about the movement of the dacoits in the ravines (with live cartridges, Rifle and large cash amount) an ambush was set up for apprehending them by the Station House Officer of Police Station Dimni. The prosecution has further demonstrated that a known Dacoit Ramesh Kushwaha, against whom prices money was also declared, was moving in the territories of Kwaari River Ravines, where Veer Singh S/o Bhagirath Singh was found to be in possession of arm and ammunition, for supplying the same to the declared Dacoit Ramesh Kushwaha.

(3.) The Prosecution has examined as many as 10 Prosecution witnesses to establish the charges against the Respondent but all the independent witnesses, PW-1 Ramnath, PW-2 Parsa and PW-3 Prakash had turned hostile, although the other Prosecution Witnesses, who are Police Constables, Arms Clerk, Head constables, ASI and Station House Officer have all deposed in favour of the Prosecution story.