DAYALSINGH JINWANSINGH LODHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS decision shall also govern the disposal of Criminal appeal No. 282 of 1982 (Jalam versus State of M. P.) which arises out of the same judgment and involves common questions of fact and law.

(2.) THE appellants in both the appeals have been found guilty of offence punishable under Section 27 of Arms Act and sentenced to one year's R. I. each, by judgment dated 31-5-1982, passed by Shri M. A. S. Khan, Special Judge, Damoh, in special Criminal Case No. 9 of 1982.

(3.) THE prosecution case against the two appellants is that on the night intervening 25th and 26th October, 1981, at about 4. 00 A. M. , Sub-Inspector Shri T. N. S. Gaur (P. W. 7) accosted them in the jungle between Harduwa and Ramnagar and took their search in the presence of witnesses Kannu (P. W. 5) and Puransingh (P. W. 6 ). Five live cartridges (4 new and 1 refilled) were seized from possession of appellant Dayalsingh -vide Ex. P-2 and one 12-bore Deshi gun was seized from possession of appellant Jalam -vide Ex. P-3. The two appellants were arrested vide Ex. P-4 and subsequently put on trial for offences punishable under Sections 25/27 of Arms Act read with Section 11 (4) of m. P. Dakaiti Aur Vyapaharan Pradhavit Kshetra Adhiniyam, 1981. It was alleged that the two appellants were going into the jungle to meet Chittarsingh a known and absconding dacoit. They were accosted in pursuance to the aforesaid information and tried as aforesaid.