BIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SB . Criminal (jail) Appeal No. 253/88 has been preferred from jail and S.B. Criminal Appeal No. 227/88 has been preferred by Biram as representative appeal. Both these appeals arise from the same judgment of the Sessions Judge, therefore, they are disposed of by this common judgment.

(2.) ON 26 -6 -1987, Ram Chandra, SHO, Police Station, Raipur received a secret information that three persons are taking opium with them and the details of these persons were also given by the informant. On the basis of this information, the Police -party consisting of Ram Chandra, Station House Officer, one Head Constable and some Constables reached at the spot for which they received the information. They hid themselves behind the trees. After some time they saw two persons coming from the side of Kotri and when they reached near them, they were surrounded. Mangi Lal and Poor Singh also arrived there and in their presence search was taken and both the accused were found in possession of opium. Accused Biram was found in possession of opium weighing 3.500 Kg. and accused Ram Singh was found in possession of opium weighing 4.650 Kg. The opium was recovered and the samples were taken and were sealed at the spot. The accused were arrested The samples were sent to the Forensic Science Laboratory (FSL) for examination and the report of the FSL is Ex.P 9. After completing the usual investigation the Police submitted challan against both the accused persons.

(3.) THE prosecution has examined 9 witnesses to establish the case. One defence witness was also examined by the accused -persons. After concluding the trial the learned Sessions Judge found the case established against both the accused -persons and he convicted and sentence them as mentioned above.