SURYA PRAKASH SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 454 of Code of Criminal Procedure. Being aggrieved by order of confiscation of 12 bore double barrel gun and riffle of 315 bore passed in judgment dated 16.10.2006 in Special Case No. 1/2006 by Special Judge appointed under M.P. Dacoitee and Kidnapping Affected Area Act.

(2.) Facts in short giving rise this appeal are that four persons Anmol Dwivedi, Ram Karan Yadav, Subran @ Sobran and Manoj Yadav have been arrested by P.S. Dhabora, District Rewa and after investigation they have been prosecuted under Section 399/402 of IPC and 11/13 of M.P. Dacoitee and Kidnapping Affected Area Act. It is alleged that a 12 bore double barrel gun and two riffles of 315 bore alongwith country made pistol2 and motor-cycles have been seized from the aforesaid persons.

(3.) On appraisal of evidence on record in Special Case No. 1/2006, learned Special Judge acquitted the aforesaid accused persons under Section 399/402 of IPC and 11/13 of M.P. Dacoitee and Kidnapping Affected Area Act, but learned trial Court has found guilty to aforesaid accused persons under Section 25(1B)(a) of the Act. He further alleged that at the time of disposal of this appeal, these appellants have filed an application under Section 452 of Cr.P.C., but trial Court on erroneous consideration without providing any opportunity to appellants, dismissed their application and forfeited the aforesaid arms. Hence this appeal.