STATE OF MP Vs. INDER SINGH

JUDGEMENT

(1.) The appellant/State has preferred this criminal appeal under section 378 of CrPC feeling aggrieved by the impugned judgment of acquittal dated 30/10/1999 passed by Additional Sessions Judge, Chachoda, district Guna in ST No. 242/98, whereby acquitted the respondents-accused from the charges under sections 399,402 and 307 of IPC and the respondents Indersingh and Rajesh also under section 25 (1-a) and 27 of the Arms Act.

(2.) Briefly stated facts of the case are that on 6/6/1998 police Sub-Inspector S.K. Paliwal posted at police station Chachoda received secret information that some persons are assembled in the garden situated at village Kotakheri and making preparation for commission of dacoity in the house of one Phool Singh. On this information, concerning police Inspector informed the S.P. Guna for deputation of other police officers from the nearby police station. On this information, S.P. Guna directed the police officers posted at police stations Dharnavada and Raghogarh to immediately reach to police station Chachoda for the alleged raid for arrest of the accused persons. Thereafter, police force was divided into three parts headed by concerning police Sub Inspector and reached near the garden concerned and heard the voice of respondents-accused. They were planning for dacoity in the house of Phool Singh. The Police officer asked the accused persons to surrender before the police, at that time, it is alleged, that one of the accused had fired by his gun on the police party and thereafter five persons had been arrested by the police from the spot. Two persons ran away taking the benefit of darkness. From the possession of accused Inder a 315 bore country made pistol and two live cartridges were seized. Similarly, from the possession of accused Rajesh a gun was seized, from the possession of accused Kamaria and Mano, one farsa from each was seized and from the possession of accused Hemraj, one lathi was seized. Therafter, police party returned back to the police station registered the first information report Ex. P/9, arrested the accused persons and after due investigation, charge sheet was filed.

(3.) Respondents/accused abjured the guilt and their defence was of false implication in this case. Learned trial Court after due appreciation of the entire prosecution evidence on record by impugned judgment acquitted the respondents/ accused from the aforesaid charges, feeling aggrieved by which, the appellant/ State has preferred this appeal.