BAIJU @ VIJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 29.11.2010 passed by Special Judge (MPDVPK Act), Gwalior in Sessions Trial No. 90/2007 by which the appellant has been convicted under Section 400 of IPC r/w Section 13 of MPDVPK Act, Section 307 of IPC r/w Section 13 of MPDVPK Act, under Section 25 (1-b) (a) of Arms Act and under Section 27 of Arms Act and has been sentenced to rigorous imprisonment of seven years and fine of Rs. 500/-, seven years rigorous imprisonment and fine of Rs. 500/-, three years rigorous imprisonment and fine of Rs. 250/- and five years rigorous imprisonment and fine of Rs. 250/- with default sentence respectively.

(2.) The prosecution story in short is that on 23.4.2007 an information was received by Ashok Singh Bhadoriya, STF Incharge Ghatigaon from an informant that three-four armed miscreants had gathered near Kaner lake and they may commit some incident in the night. After informing the superior officers and taking instructions from them he reached Ghatigaon along with the police personnels. After taking S.O. Ghatigaon and his police party, the entire force was divided into two parties. One police party was led by Ashok Singh Bhadoriya whereas the another party was led by Rajesh Singh Tomar, SHO, Police Station Ghatigaon along with other police personnels. Police force went towards the place of incident. The police party led by Shri Ashok Singh Bhadoriya was on the left side and the police party led by Rajesh Singh Tomar was on the right side and when they went towards the mountain for searching they noticed some movement and Ashok Singh Bhadoriya and his police party noticed four miscreants. Police party No.2 was also informed by them and the miscreants were directed to surrender but ignoring the warning given by the police they started firing towards the police party, as a result of which the members of the police force narrowly escaped because they had already taken proper position. When again the miscreants were directed to surrender they started using abusive language and with an intention to kill the police personnels they again started firing. The police force also in their self defence opened fire and the appellant who was hiding behind the bushes sustained a gunshot fire and the police force apprehended him. On interrogation, he disclosed his name as Vijay Singh @ Baiju R/o Shivpuri and told that he is the active member of Rambabu Gadariya gang which has already committed several offences of murder, abduction etc. From the possession of the appellant 315 bore rifle, 23 live round, 11 empty cartridges of 315 bore, material required for daily use was seized. A reward of Rs. 50,000/- was already declared for his arrest. Dehati Nalsi was recorded on the basis of which the FIR was registered. After completing the investigation, the police filed the charge sheet.

(3.) By order dated 27.9.2012 the Trial Court framed charges under Sections 400, 307 of IPC, under Section 25 (1-b) (a) and Section 27 of Arms Act r/w Section 13 of MPDVPK Act.