NAVAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 11.6.90 passed by the learned Sessions Judge, Dholpur in Sessions Case No. 45/89 by which the appellant has been convicted under section 3/25 of the Arms Act for six months R.I. and a fine of Rs. 500/- in default of payment of fine, one and half month further R.I.

(2.) Brief facts of the case are that on 9.2.88, the Police received a secret information that 5-6 miscreants were seen in Angai Bandh namely Navab Singh and other accused. The Police on seeing them gave warning and with intention to kill the police party, they fired at the Police party. The incident occurred at 8.25 P.M. The police chased the accused and caught them with arms. The Police after investigation registered a case under sections 148, 307, 149 IPC and 3/25 of Indian Arms Act. After investigation, the Police filed challan against all the 5 accused and on committal the trial court framed the charges. The accused appellant and other accused pleaded not guilty and claimed trial.

(3.) The prosecution examined as many as nine witnesees and produced about eight documents. Statement of accused persons under section 313 Cr. P.C. were reocrded and they denied the proseuction evidence.