MANGI ADIWASI Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374 of IPC, feeling aggrieved by the judgment of conviction and Mangi Adiwasi vs. State of MP sentence dated 1.2.2013 passed by Special Judge (MPDVPK Act), Dabra, District Gwalior, in Special Case No.09/12, whereby held the appellant/accused guilty for the offence under Section 25 (1-B)(a) of Arms Act, and sentenced to three years RI with fine of Rs.500/-, with default stipulation.

(2.) The prosecution story in short is that, on 30.12.2011 an information from the informer was received to the effect that a gang of four-members headed by Inder Adiwasi is hidden in Karhaiya, District Gwalior. The police team along with informer made a search and they surrounded the appellant and other accused persons and on being given warning to the gang, the members of the gang started firing upon the police personnel and thereafter the police party caught the appellant armed with pistol of 315 bore. On enquiry, the appellant claimed himself to be the member of Inder Adiwasi Gang. The said pistol was seized from the possession of the appellant, for which he was not having valid licence. On the appellant's memorandum, some other articles were seized from the spot. The FIR was registered for the offences punishable under Section 307/34 of IPC, Section 25/27 of Arms Act and Section 11/13 of MPDVPK Act and after investigation and completing formalities, the charge sheet was filed.

(3.) The trial Court framed the charges against the appellant under Section 307/34 of IPC, Section 25/27 of Arms Act and Mangi Adiwasi vs. State of MP Section 11/13 of MPDVPK Act. The appellant abjured his guilt . It was defence of the appellant that he has been falsely implicated. The learned trial Court after due appreciation of the entire evidence on record held the appellant/accused guilty for the offence punishable under Section 25 (1-B) (a) of Arms Act, and sentenced him as stated herein above. Feeling aggrieved by which the appellant has preferred this appeal.