GULAB SINGH Vs. STATE OF MP.

JUDGEMENT

(1.) The appellant has preferred this appeal under section 374 (2) of CrPC, feeling aggrieved by the impugned judgment of conviction and sentence dated 8.11.2001 passed by Additional Sessions Judge, Karela district Shivpuri in ST No. 185/2000; whereby the appellant has been found guilty under section 307 of IPC and sentenced to 8 years RI with a fine of Rs. 1,000/ -; in default of payment of fine, further ordered to suffer imprisonment for six months.

(2.) BRIEFLY stated the facts of the case are that on 18.3.2000, police officer Ajay Sharma posted at police station Jigna district Shivpuri received a secret information that the notified dacoit Hajrath Singh with his gang was present near village Saliyya on the hill track for preparing commission of the offence of some robbery. On this information, the police officer Ajay Sharma together with other police officers surrounded the place concerned and thereafter asked the accused persons to surrender before them. At that time, it is alleged that the concerning dacoits started firing on the police party. Police officer Ajay Sharma has caught the present appellant -accused on the spot, remaining co -accused persons ran away from the spot due to darkness on the place of incident. From the possession of the appellant -accused one country made pistol and live . cartridge had been seized and he was brought to the police station, police had registered a case under section 307 of IPC and 25/27 of the Arms Act against the present appellant -accused together with other three absconding accused and after investigation, the charge sheet has been filed.

(3.) HAVING heard learned counsel for the appellant as well as Public Prosecutor for the State and perused the record.