KISHNU ALIAS KISHANBIHARI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 21.3.2007 passed by the Special Judge (M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam) in Special Case No. 134/2001 (Dakaiti), convicting Appellant under Sections 212 and 216 of India Penal Code read with Section 11/13 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and sentencing him to rigorous imprisonment for three years with fine of Rs. 2000/ - on each count respectively.

(2.) According to the prosecution, on 29.8.2001 Additional Superintendent of Police Manoj Kumar Singh received an information from Informer at Bhind that Appellant is harbouring a proclaimed dacoit Ramsiya in his house at Village Dulhagan. On receiving such information along with Special Task Force and with Police Officers of Police Station Phoop he went to Village Dulhagan. After dividing the force into parties, he searched the house of Appellant and found dacoit Ramsiya hiding in Atari. Some guns were also seized from the house. Appellant was not found at the spot. In execution of the perpetual warrants Appellant was arrested on 10.10.2003.

(3.) During investigation it was found that the arms seized from the house were licensed weapons, however, in view of the fact that Appellant had harboured proclaimed dacoit Ramsiya an offence under Sections 212 and 216 of IPC was registered against him.