RAJESH DUBEY Vs. STATE OF M.P

JUDGEMENT

(1.) BY this judgment, Criminal Appeal No.483/2006, Criminal Appeal No.508/2006 and Criminal Appeal No.519/2006 arising out of judgment dated 01.07.2006 passed in Special Case No.97/04 by learned Special Judge (Dacoity) Bhind (M.P.) are being disposed of.

(2.) APPELLANTS have filed these three appeals being aggrieved against judgment dated 01.07.2006 passed in Special Case No.97/04 by which they have been convicted for the offence punishable under Section 307/34 of IPC read with Section 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (in short "M.P.D.V.P.K.Act) and sentenced to R.I. for seven years and fine Rs.10000/- each have been imposed upon them. They have further been convicted for the offence punishable under Section 25-(1)(a)(b) of Arms Act read with Section 11/13 of M.P.D.V.P.K Act three years each and fine of Rs.1000/- each imposed upon them. They have further been convicted for the offence punishable under Section 27 of Arms Act read with 11/13 of M.P.D.V.P.K Act and sentenced to under go R.I. for three years and fine of Rs.1000/- has been imposed upon them.

(3.) BEING aggrieved by the impugned judgment, these three appeals have been filed by the appellants on the ground that learned trial Court is not justified in convicting them on the basis of over looking the contradictory statements of Police Officers and over looking the fact that independent witnesses of seizure have turned hostile. Learned trial Court is not justified in convicting them inspite of the fact that none of the seized weapons have been produced before the Court and there is no ballistic expert report regarding seized weapons.