JUMMAN GOND Vs. STATE OF MP

JUDGEMENT

(1.) THIS Revision Petition has been directed against the judgment of conviction and order of sentence passed by the Judicial Magistrate, First Class, Panna, convicting the applicants u/s 382 of the IPC as well as u/s 25 and 27 of the Arms Act and passing sentence to suffer Rigorous Imprisonment of six months and fine of Rs. 100/-, Rigorous Imprisonment of six months and fine of Rs. 100/- and Rigorous Imprisonment of six months and fine of Rs. 1,000/- respectively. The judgment of conviction and order of sentence has been affirmed in Appeal by the learned Additional Sessions Judge, Panna in Criminal Appeal No. 93/94 dated 12.3.1997.

(2.) IN brief, the case of the prosecution is that on 13.12.1989, PW 3 - Ram Naresh Dwivedi, Ranger, Forest received information from the informant that the applicants were going to cut bamboo in the government forest area, Panna. On receiving this information, he alongwith other persons, went to the forest and found that on Coup No. 1368, near Jhumra Nala, applicants were present having single bore gun, they were also possessing bamboo and teak wood log. As soon as the forest officers tried to arrest them, they gave threat to kill, any how, the employees of the forest department succeeded to snatch their guns, bambooes and log of teak wood. On 14.12.1989, a written complaint was made by the said Ranger - Ram Naresh Dwivedi. On the basis of the report, the First Information Report (Ex. P-9) was registered and after investigation, the charge-sheet was filed.

(3.) IN order to bring home the charges, the prosecution examined as many as nine witnesses and placed the documents - Ex. P-1 to Ex.P-17 on record. The learned trial judge, after appreciating and marshalling the evidence, came to the conclusion that the applicants did commit the offence for which they were charged and eventually passed the sentence against them which has been mentioned herein above.