STATE OF MADHYA PRADESH Vs. USMAN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 17.4.1998 passed by the Sessions Judge, Damoh in ST. No.111 of 1993 whereby the respondent was acquitted from the charge of offence punishable under Section 392 read with Section 397 of I.P.C and Section 25 of the Arms Act.

(2.) THE prosecution's case in short is that on 22.2.1992 at about 2.30 p.m the complainant Dwarka Prasad Patel (PW1) was taking the bus from the bus stand to the village Bila, District Damoh for Barat of his nephew Rambahadur. In the bus, driver, conductor and one Hetram (PW3) were present. Near Gadhi Mohalla the respondent snatched the licensed 12 bore gun from the hands of the complainant. The respondent had a baka (dagger) in his hands and therefore, the complainant could not resist. However, he tried to chase the respondent but, he ran away. The complainant had lodged an FIR Ex.P/1 at Police Station Damoh within half an hour. Nothing was done after his report. Approximately after one year the gun was seized from the respondent. It was sent for its mechanical inspection to the Reserve Inspector, Damoh and after taking a prosecution sanction from the District Magistrate, Damoh a charge sheet was filed before the CJM Damoh who, committed the case to the Sessions Court.

(3.) I have heard the learned counsel for the parties.