MOHD RAFIQ QURESHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal nos. 1479/2005, 1480/2005 and 1481/2005.

(2.) EACH of the appellant being aggrieved by judgment dated 22. 7. 2005 passed by learned First Additional Sessions Judge, sehore in Sessions Trial No. 1/2003 convicting the appellant mohd. Rafiq under Section 302/34 I. P. C sentencing him to undergo imprisonment for life and pay fine of Rs. 5000/-, under section 25 (1) (1-AA) of the Indian Arms Act sentencing him to undergo R. I for seven years and pay fine of Rs. 1000/-; under Section 27 (1) of Indian Arms Act to undergo R. I for seven years and pay fine of Rs. 1000/- and under section 27 (2) (3) of the Indian Arms Act to undergo R. I for seven years and pay fine of Rs. 1000/- in default of payment of fine to undergo R. I. for six months and one month for each default respectively; convicting appellant Jaspal Singh under Section 27 (1) of the Indian Arms Act sentencing him to undergo R. I. for seven years pay fine of Rs. 1000/- in default of payment of fine to undergo imprisonment for one month, convicting appellant Mragendra Singh under Section 302 I. P. C. sentencing him to undergo R. I for life and pay fine of rs. 5000/-, under section 27 (1) (1-B) (a) Indian Arms Act to undergo R. I for one year pay fine of Rs. 1000/- and under section 27 (1) of the Indian Arms Act sentencing him to undergo R. I for seven years and pay fine of Rs. 1000/- in default of payment of fine to undergo imprisonment for six months and one month each for such default, have filed this appeal.

(3.) THE prosecution case in brief is that on 23. 5. 2002 at about 23. 10 (11. 10 p. m) accused Jaspal who was also President of Janpad Panchayat informed Kotwali, Sehore that in village lasudia Parihar one Mallu thief was creating problems for him and intimidating him. That report was lodged at rojnamcha Sana No. 1783. The said report is Ex. P/31. On the basis of the said report Head Constable No. 568 Vikram singh, Constable Umashankar No. 226, Constable Sunil no. 475, Constable Dharam Singh No. 19 were directed to go to the spot, they were also given rifle and 20 bullets. To constable No. 19 Dharam Singh a wireless set was handed. The departure was reported in Rojnamcha Sana No. 784 at about 23. 15 hours and the same is available on the record at ex. P/32.