STATE OF M P Vs. VIJAYRAM SINGH

JUDGEMENT

(1.) The accused/respondent has been acquitted by the Trial Court from a charge of offence under section 25/27 of the Arms Act read with section 11 and 13 of M.P. Dakaiti Aur Vyapharan Prabhavit Ksherta Adhiniyam, 1981, with which acquittal the State is aggrieved. The charge was that on 4/7/1984 at about 6-30 p.m. in the forest of Sukhdeva P.S. Lahar, accused, respondent was found .in illegal possession of A. 12 bore single barrel gun, kept for illegal purposes in the dacoity affected area

(2.) The prosecution case was that the accusee /respondent was a proclaimed offender with It prize of ten thousand rupees on his head vide Ex. P15. He Willa member of the Jana of dictates headed by Ghanshyam. On the night between 3rd and 4th July 1914, the Police party laid an ambush on reviving information about the movements of the dacoits. At about 3.30 a.m. on 4.7.84 the Police force heard the sound of human foot steps. The unknown was challenged, who started running. Torches were flashed and the accused/respondent was apprehended after a little chase. He was arrested. A. 12 bore, gun and a few live and empty cartridges were recovered from his possession and were seized.

(3.) The prosecution examined Shivram Singh, A.S.I. (P.W 3) and Rawlakhan Singh Bhadoria (P.W 5) SO P.S. Lahar, who were members of the police party laying ambush to prove that the accused/respondent was possessed of the gun when apprehended. Other witnesses are formal ones.