SHYAM BHARIA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellants against their judgment of conviction and order of sentence passed by the trial Court convicting them under Sections 399, 401, IPC and also under Section 25(1B)(a) of Arms Act.

(2.) In brief, the case of the prosecution is that on 19-3-1999 Station House Officer Incharge received information from the informant that accused persons near the brim of Kachha road behind the building of Krishi Upaj Mandi assembled to commit dacoity and were making its preparation, as a result of which they were caught hold at the spot. At that juncture, they were talking to each other and were found making preparation to commit dacoity. Two persons on account of darkness managed to escape. At spot from appellant Shyamu Bharia 12 bore Katta and two Cartridges, from appellant Semu, sword and from appellant Guru Prasad one 'Tangi' was recovered. These weapons were seized.

(3.) The 'Katta' which was recovered was sent to ballistic expert at Sagar. where it was found to be operational and cartridges were found to be live cartridges. After obtaining sanction from District Magistrate, a charge-sheet was submitted in competent Court, which on its turn, committed the case to the Court of Sessions and from where it was received by the trial Court for trial.