MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of Cr. P. C. has been preferred by the appellant assailing the judgment of conviction and order of sentence dated 20. 7. 04 passed by the learned Special judge, Shivpuri, in Special Sessions Trial no. 107/03 convicting him under Section 25 (1b) (a) of the Arms Act, 1959 (in short the act) read with Sections 11 and 13 of the madhya Pradesh Dakaiti Aur Vyapharan prabhavit Kshetra Adhiniyam (hereinafter referred to as the Adhiniyam) and thereby sentencing him to suffer three years R. I. with a fine of Rs. 1,000 and in default, one month R. I.

(2.) IN brief the case of the prosecution is that ASI P. N. Pal, was posted on 1. 7. 2003 in Police Chauki, Sunari (Police Station karera) as Chauki In-charge. On this date, the informant informed him that the appellant who is a member of the gang of dacoit kamal Singh has been seen in village andora. On the basis of the said information, necessary endorsement was made in the Roznamcha by the ASI and thereafter asi along with the police force and the witnesses went to the place described by the informant. According to the prosecution, one person on seeing the police force ran away towards the hill. However, the police party encircled and caught him. On being searched, a 12- bore Katta and two live cartridges were found from his possession. After the arrest, the appellant named his name. Necessary seizure memo was made at the spot.

(3.) AFTER the investigation was over, a charge-sheet was submitted in the committal Court which committed the case to the court of Session and from where it was received by the trial Court for its trial.