RAMSHANKAR AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) Since all the appeals are connected with the common judgment, therefore, decided by this common judgment.

(2.) All of the appellants have preferred the present appeal against the judgment dated 04.05.2007 passed by the Special Judge under MPDVPK Act, Bhind in Special Case No. 7/2007, whereby each of the appellants has been convicted of offence under Sections 399, 400, 402 of Penal Code read with Sec. 11/13 of MPDVPK Act and sentenced to five years rigorous imprisonment with fine of Rs.1,000.00, six years rigorous imprisonment with fine of Rs.2,000.00 and three years rigorous imprisonment with fine of Rs.1,000.00 respectively. Also appellant Ramshankar and Girraj have been convicted of offence under Sec. 25(1-B)(a) of Arms Act read with Sec. 11/13 of MPDVPK Act and sentenced to three years rigorous imprisonment with fine of Rs.1,000.00.

(3.) Prosecution's case, in short, is that on 21.11.2006 S.I. Ashish Singh Pawar (PW-3) received an information that some culprits have gathered near Shashkiya Kratrim Garbhadhan Kendra, village Birkhadi and they were planning to commit dacoity. He recorded the information in a Rojnamcha Ex. P-12 and thereafter collecting the force, he left police station Gohad Chauraha. He was mainly accompanied by Constable Jagram Singh (PW-1) and Head Constable Brajbhushan (PW-5). The police force surrounded the appellants and one Girraj. They heard their talks relating to preparation of planning to commit dacoity on petrol pump. From the accused Ramshankar, one handmade pistol with a round was recovered, whereas one handmade pistol with a round was recovered from Girraj @ Sethi. One sword from accused Anil Sharma and one sickle each from accused Ravi and Banti were recovered. Appellants were arrested. They were taken to the police station, where a rojnamcha Ex. P-13 was written and case was registered with the FIR Ex. P-14. Various fire arms were sent to Constable Armour and a report Ex. P-11 was received. The District Magistrate had granted a prosecution sanction Ex. P-16. After due investigation, the charge-sheet was filed before the Special Court.