ANANULLAH KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under Section 454 Cr. P. C. against the judgment of learned Addl. Sessions Judge, Baran, by which he ordered to confiscate the gun seized by the police during the investigation.

(2.) GOPAL Lao Gujar, filed a complaint at Police Station, Modpur, on 4th April, 1983, to this effect that he was grazing his cows towards Utawali river and he was sleeping under the shed of a Jamun tree. Then 8 or 10 persons, out of 3 persons were armed with gun and others were armed with Lathis reached there and told him that he had gone with Benjaras to lodged the report at the Police Station and then they fired the gun towards him with the intention of killing him. On hearing the sound of the gun Mohanlal, Latoor and another Mohan reach there running. On seeing these persons the assai-lants ran away from there. The assailants were chased by Mohan and others. They caught two persons out of them and their gun was snatched away. On this report case was registered under Sections 307,149, and 147 I. P. C. After completing the investigation police submitted a challan against 5 persons under sections 148, 307/149 I. P. C. before the Munsiff and Judl. Magistrate. Atru, who committed them to the court of learned Addl. Sessions Judge. Baran. After completing the trial the learned Addl. Sessions Judge, acquitted all the accused persons but ordered the confiscation of the gun, against which the present appeal arises.