SADHU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT -accused has preferred this appeal under 1. section 374 of Cr.P.C against the judgment of conviction and sentence dated 17.10.2005 passed by Special Judge (Dacoity) Shivpuri in Special Sessions Trial No.59 of 2005 by which, he has been convicted under section 212 and 216 (A) of IPC read with Section 11/13 of the Madhya Pradesh Dacoity Vihavran Prabhavit Kshetra Act, 1981 (hereinafter would be referred as to the "MPDVPK Act, 1981") and sentenced to undergo Three years RI with fine of Rs.5000/- and further to undergo Five years RI with fine of Rs.5000/- respectively with default stipulation.

(2.) BRIEF facts of the case are that on 13.7.2005, R.B.Sharma (PW6) Station House Officer, Narwar district Shivpuri received information that accused Sadhu Singh, Vakila alias Parmal Singh and Lalla alias Brijendra Singh are supplying articles of daily use, information pertaining to the police movement and two Ghantas of Peetal have been kept by them to be given to Rambabu Gadaria gang. After verification of information, SHO R.B. Sharma (PW6) searched the house of accused persons and during search, from the house of appellant Sadhu Singh, two big Ghantas bearing names of dacoits on them have been seized. On the basis of above, First Information Report was lodged. After investigation, charge sheet was filed in the court of JMFC, Karera distt. Shivpuri from where, the case was committed to the court of Special Judge (Dacoity), Shivpuri.

(3.) THE main question for consideration in this appeal is as to whether, the trial Court is justified in convicting appellant by the impugned judgment?.