LAWS(MPH)-2018-5-362

RAMSEVAK KORI Vs. STATE OF M P

Decided On May 03, 2018
Ramsevak Kori Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This common judgment shall dispose of Criminal Appeal No.552/2011 filed by the accused Ramsevak Kori and Criminal Appeal No.562/2011 filed by the accused Raj Kumar Chaudhary @ Rinku.

(2.) These criminal appeals have been filed by the appellant Ramsevak Kori as well as by Rajkumar Chaudhary @ Rinku challenging the correctness and propriety of judgment dated 27.6.2011 passed by Special Judge, MPDVPK Act, Shivpuri in Special Sessions Trial No.74/2009 by which the appellant Ramsevak has been convicted under Section 25(1-B) (a) of Arms Act and the appellant Rajkumar Chaudhary @ Rinku has been convicted under Section 25(1-B) (b) of Arms Act and have been sentenced to undergo the rigorous imprisonment of one year and a fine of Rs.1000/-.

(3.) The necessary facts for the disposal of the present appeals in short are that the appellants were tried for an offence under Sections 399, 400, 402 of IPC read with Section 11/13 of MPDVPK Act apart from offence under Sections 25(1- B) (a), 25(1-B) (b) of Arms Act r/w Section 11/13 of MPDVPK Act. According to the prosecution case, on 28.6.2009 at about 2:15 in the night the appellants along with the other coaccused persons were arrested by the police while they were allegedly making preparation for committing dacoity and at the time of arrest, the police had seized a sword from appellant Raj Kumar which was 2.7 inches long and the appellant Raj Kumar was not having any license to possess the same. A country made pistol was seized from the possession of appellant Ramsevak. The police after completing the investigation, filed the charge sheet for offence under Sections 399, 400, 402 of IPC, under Section 25/27 of Arms Act and under Section 11/13 of MPDVPK Act.