JITENDRA SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No.129/2006 and Criminal Appeal No.140/2006 arising out of a common judgment dated 17-01-2006 passed by learned Special Judge (Dacoity), Datia.

(2.) These appeals have been filed by the appellants under Section 374 of Code of Criminal Procedure, 1973 against a common judgment of conviction and sentence dated 17-01-2006 passed in S.S.T.No.14/04 by learned Special Judge (Dacoity), Datia whereby the appellants have been convicted for the offence under Section 402 of IPC read with Section 13 of Madhya Pradesh Madhya Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (for brevity MPDVPK Act) and under Section 25(1)(1-b)(a) of Arms Act and they have been sentenced to undergo 3 years' RI with fine of Rs.1000/- and 1 year's RI with fine of Rs.500/- respectively each with default stipulation.

(3.) The brief facts of the case are that on 26-03-2004, Station House Officer U.S. Tomar, Police Station Indargarh District Datia has received an information through informer that some anti-social elements are making preparation of committing dacoity in the house of Ramjisharan. Thereafter, two teams have been formed and police party has arrested four persons including the appellants and two persons have succeeded in escape from the spot. Appellants were armed with firearm. After registering the FIR, challan has been filed and learned trial Court after trial of the case has convicted the appellants as mentioned in paragraph 2 of this judgment. But learned trial Court vide impugned judgment has acquitted the appellants from the offence under Section 399 of IPC and under Section 27 of Arms Act.