MOHD ASLAM Vs. STATE OF M.P

JUDGEMENT

(1.) VIDE judgment dated 2.8.1999 the applicant was convicted for offence punishable under sections 457, 380 of I.P.C and sentenced with three years rigorous imprisonment with fine of Rs.1000/ - for each count by the learned JMFC, Jabalpur (Shri P. K. Sharma) in Criminal Case No.704/1996. In Criminal Appeal No.73 of 1999 the learned Additional Sessions Judge, Jabalpur vide judgment dated 17.12.1999 dismissed the appeal filed by the applicant in toto. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.

(2.) THE facts of the case in short are that the complainant Vinod Kumar Naidu (PW3) had a Armory Shop near Victoria Hospital, Jabalpur. In the midnight of 6th and 7th November, 1995 a burglary took place in his shop and one 12 bore gun along with 400 cartridges were stolen. The complainant Vinod Kumar Naidu lodged an FIR Ex.P/2 at Police Station Omti, Jabalpur on the next day. After some time, he had informed that one 12 bore gun having long barrel was received by him for repairing and that gun was also stolen in the burglary. On 4.2.1995, the accused Raju @ Riaz was arrested and 100 live cartridges were seized from him. Raju @ Riaz gave a memo under Section 27 of the Evidence Act that he and the applicant Aslam caused that burglary in the shop of Vinod Kumar Naidu and took two 12 bore guns and 400 cartridges. Out of them, he had shortened a bore of one gun and that gun and cartridges he kept at a particular place whereas, he gave one 12 bore gun having short barrel and 290 cartridges to Aslam. Consequently, the recovery was made. Again on 5.2.1996, Juber, brother of the applicant Aslam, was arrested and 50 cartridges were recovered from him by seizure memo Ex.P/1. Juber has also stated under Section 27 of the Evidence Act before the seizure that 50 cartridges were given to him by the applicant Aslam. On 6.2.1996, Shri Salim Khan, S.H.O., Ghamapur was intimated by informers and he caused a raid along with the witnesses. The applicant was caught with an "attaichi" in which a gun of 12 bore was kept after its folding and also 37 live cartridges and one used cartridge were found. Shri Salim Khan seized those articles and a fresh case of offence under Section 25/27 of the Arms Act was registered. Also the copy of the seizure memo and arrest memo was directed to Police Station, Omti because seized gun was the same which was stolen from the shop of Vinod Kumar Naidu. After due investigation a charge sheet was filed.

(3.) THE applicant abjured his guilt. He did not take any specific plea in the case and therefore, no defence evidence was adduced. The learned JMFC after considering the evidence adduced by the prosecution convicted and sentenced the applicant as mentioned above whereas the appeal filed by the appellant was dismissed in toto.