NATHUDA AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 05.07.2000 passed by second Additional Sessions Judge, Guna in S.T. No. 19/2000, whereby each of the appellant has been convicted of offence under Section 308 or 308 read with Section 34 of IPC and sentenced to one year's rigorous imprisonment. The appellant No. 1 has also been convicted of offence under Section 25(1-B) (a) and Section 27 of the Arms Act and sentenced to one years rigorous imprisonment with fine of Rs.250/- and three years' rigorous imprisonment with fine of Rs.250/- respectively.

(2.) The prosecution's case, in short, is that Siddhanath Singh (PW-5) Station House Officer of Police Station Dharnavada (District-Guna) went to outpost Jhagar on 08.12.1999. At about 11:00 PM he had received an information that some persons have gathered with weapons to commit some crime, therefore, he went to the spot along with police officials including Head Constable Arvind Sengar (PW-6) and Constable Anil Singh Kushwaha (PW-3). After hearing the talk took place between various culprits, Siddhanath Singh (PW-5) challenged them that they were surrounded by the police, they should not try to escape. On hearing such a challenge, one of the culprit fired from a gun and a bullet passed near the ear of Constable Anil Singh Kushwaha (PW-3), however, nobody was injured. Thereafter, the Police party had captured the appellants and arrested them. One muzzle loading gun along with some ammunition was recovered from the appellant No. 1 Nathuda and a seizure memo Ex. P/4 was prepared. Similarly one Farshi was recovered from the appellant No. 2 Jai Kumar. Siddhanath Singh (PW-5) had recorded Dehati Nalisi Ex. P/7 and went back to the Police Station Dharnavada, where the FIR Ex. P/10 was lodged. The M.L. gun was sent for its examination to Reserve Police Line, Guna. Head Constable Devnath Singh Bhadoriya (PW-2) examined the gun, which was working properly. Again the gun and ammunition were sent to the Forensic Science Laboratory, Sagar and a report Ex. P-9 was received to show that gun was a M.L. gun which was working and some gun powder and caps of that M.L. gun were also found in the bag of ammunition. After due investigation, charge-sheet was filed before the JMFC, Guna, who committed the case to the Court of Sessions and ultimately it was transferred to second Additional Sessions Judge, Guna.

(3.) The appellants abjured their guilt. They took a plea that they were falsely implicated in the matter due to enmity. However, no defence evidence was adduced.