ANIL AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred the present appeal aggrieved with the judgment dated 13/12/2004 passed by 2nd Additional Sessions Judge, Shivpuri in S.T. No. 111/2004, whereby, each of the appellant has been convicted of offence under Sec. 307 r/w Sec. 34 of IPC and Sec. 25/27 of Arms Act and sentenced of four years rigorous imprisonment with fine of Rs. 1,000/ - and three years rigorous imprisonment with fine of Rs. 1,000/ -; respectively however, default sentence was also prescribed.

(2.) The prosecution case, in short, is that on 17/01/2004 an intimation was received to the Hemant Sharma (PW -8) who was Station House Officer, Police Station Subhashpura, Dist. Shivpuri; that two culprits having fire arms were hiding in the forest near village Patara. The Hemant Sharma (PW -8) along with police party went to the spot and surrounded the culprits. On giving challenge, the culprits started firing with gun and counter firing was also done by the police. Twenty nine rounds were fired by the police during combat. Ultimately, the appellant Anil @ Bhura was arrested on the spot and .315 bore gun with three live cartridges were recovered from him, whereas three empty cartridges of .315 bore gun were recovered from the spot. Similarly, five empty cartridges of 12 bore gun were also recovered from the spot. The appellant Anil @ Bhura on interrogation has told that he was accompanied with the appellant Gyanesh @ Gyanu. After some time, on 16/02/2004 appellant Gyanesh @ Gyanu was also arrested. After due investigation, charge sheet was filed before the Judicial Magistrate First Class, Shivpuri who committed the case to the Court of Sessions and ultimately, it was transferred to 2nd Additional Sessions Judge, Shivpuri.

(3.) The appellants have abjured their guilt. They have stated that they were falsely implicated in the matter. The appellant Anil @ Bhura took the plea that on the date of incident he was present at the house of his brother Girish in the territory of police station Subhashpura, Dist. Shivpuri and he was arrested from that place and falsely implicated in the matter. In support, Girish Sharma (DW -1) was examined as defence witness. After considering the evidence adduced by the parties, the learned Additional Sessions Judge has convicted and sentenced the appellants as mentioned above.