RAM LAKHAN Vs. STATE OF MP.

JUDGEMENT

(1.) THE appellant has preferred this criminal appeal under sections 374 (2) of CrPC feeling aggrieved by the impugned judgment dated 3.9.2002 passed by First ASJ, Shivpuri in ST No. 278/2000, whereby co-accused as well as the present appellant have been acquitted from the offence under section 399 and 402 of IPC but held the appellant-accused guilty under section 25 (1-B) (a) of the Arms Act and he has been sentenced to 1 year's RI with a fine of Rs. 100/-. In default of payment of fine, he has been further ordered to suffer imprisonment for 1 month's RI.

(2.) BRIEFLY stated facts of the case are that Station House Officer of Police Station Bairad district Shivpuri, Avneet Sharma (PW 10) had received an information on 15.10.2000 that few dacoits assembled near Parvati river for preparation or commission of offence of robbery. On the basis of this information, the police party went to the spot and asked the persons assembled there for surrender and thereafter arrested the present appellant armed with 315 bore katta with cartridge and second accused Naresh also. After arrest, the police returned to the police station and registered the case under sections 399 and 402 of IPC and also under section 25 (1-B) (a) of the Arms Act, recorded the statement of the persons of police officials. Thereafter, the police had obtained permission for the prosecution under section 25 of the Arms Act from the District Magistrate as required under the Arms Act and sent the seized arms for its examination to the D.R.P. line from where report was received which is Ex. P-14 and after due investigation, charge sheet has been filed.

(3.) HEARD learned counsel for both the parties and perused the record and impugned judgment.