KALOO Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.3.89 passed by I Addl. Sessions Judge, Chhatarpur in ST. No. 220/87. The appellants have been found guilty of offences punishable u/s 25 and 27 of the Arms Act in so far as they possessed the country made fire arms and used it for unlawful purposes. 4 appellants were tried for offence under these provisions as well as u/s 399 as also u/s 402 IPC on the charge that on 19.2.87 in the area of police station Chandela by the side of Loharu river near Chhathi Bahmiri they are collected and were making preparation to commit decoity. The police party approached and sorrounded them, heard their conversations and apprehended them. From these 2 appellants country made fire arms and ammunitions were recovered. Some other articles were recovered from others.

(2.) THE trial court on the basis of evidence of police officials (while public witnesses turned hostile), held that the offence u/s 399 and 402 were not established but possession of country made fire arms along with ammunition were established. The Court also found that the fire arm were possessed for unlawful purpose. Hence conviction and sentence. The sentence was for 3 years R.I. u/s 27 of the Arms Act and R.I. for 1 year each u/s 25 of the Arms Act. It may also be noticed that 2 other accused were acquitted and only these 2 appellants were convicted.

(3.) THE statements of police officials namely Ramkishore Gautam (PW 5) and Sahibsingh Sengar (PW 2) who are main witnesses, was considered by the trial court. Recovered arms and ammunitions have been exhibited. The testimony of these 2 witnesses is flawless supported by actual recovery. There appears no reason why they should falsely implicate them. It is common knowledge that public witnesses turn hostile against criminals. The Police Officials should be considered as honest as others unless something is brought on record regarding their enmity against the accused. In this case this is not shown.