SHAMBU Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have filed this appeal under Section 374(2) of Cr.P.C. against judgment dated 14.07.2006 passed in S.T.No.42/01 by learned Special Judge, M.P.D.V.P.K. Act, Sheopur, M.P. whereby appellant Shambu has been convicted for the offence punishable under Section 307 IPC read with 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam and sentenced to undergo R.I. for 10 years with fine of Rs.1000/-. He has also been convicted for the offence punishable under Section 25 (1-b)(a) of the Arms Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-. He has further been convicted for the offence punishable under Section 27 of the Arms Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-. Appellant Rupa has been convicted for the offence under Section 307 and in alternative Section 307/34 of IPC and Section 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam and sentenced to undergo R.I. for 10 years with fine of Rs.1000/- has been imposed upon him. Appellant Siya @ Siyaram has been convicted for the offence punishable under Section 307/34 of IPC and Section 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam and sentenced to undergo R.I. for 10 years with fine of Rs.1000/- with default stipulation. Appellant Shambu has completed the period of sentence in jail, therefore, appeal filed by him has become infructuous. This judgment is passed with regard to appellants Rupa and Siya @ siyaram.

(2.) THE brief facts of the case are that on 18.3.2001, on receiving an information regarding dacoit Halke Rawat and members of his gang staying alongwith one abductee at Kalapani kho, three Police parties were sent. As soon as they surrounded the dacoits gang, the docoits started firing on them. Two of dacoits, one having axe and other having gun were seen running towards one of the Police party. One of the Dacoit Shambu fired on the Police party. Appellants Rupa and Siya @ Siyaram who ran towards one of the Police party have also been caught by the Police party on the spot. From appellant Shambu, one mouser gun was seized and from appellant Rupa one loaded gun was seized and from appellant Siya @ Siyaram, axe has been seized. After coming back from the spot, F.I.R. has been registered against the appellants and unknown persons who managed to escape from the spot.

(3.) BEING aggrieved by the impugned judgment, appellants have filed this appeal on the ground that learned trial Court is not justified in convicting the appellants on the basis of unreliable testimony witnesses who are members of the Police party.