MISHRI LAL & ANR. Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th Oct., '87, passed by the Addl. Sessions Judge No. 1, Bharatpur, whereby, the appellant has been found guilty u/s. 3/25 of the Indian Arms Act, and sentenced to rigorous imprisonment for 6 months and a fine of Rs. 100.00; and in default of payment of fine, to further undergo simple imprisonment for 1 month.

(2.) Manoharlal, Head-Constable and Ganga Singh Chouhan, SI, of PS - Gadhibajna entered a report (Ex. P 9) at the police station contending that on 23rd Apr., '85, while Ganga Singh was returning from Bharatpur, Manohar Lal Head-Constable met him at Bandhbaretha Bus-stand, and told him that in the 'Nullah' ahead of Tarsuma, 5 miscreants were sitting having, country-made revolvers, guns etc. in their hands, and were making preparations for committing dacoity, and that if they could be apprehended, then, some mis-happening could be avoided. At this, some police officials reached there and found 5 persons sitting. Seeing the police personnel, 3 of them ran away, and while running, the police could identify them, one of them being Fattey, and the other two were Rajendra and Misrilal. They were caught at the spot and arrested. Thereafter, the police seized one country-made revolver and some live cartridges from the possession of Rajendra. After completing investigation, the police submitted challan against the three persons, namely, Rajendra, Misrilal and Fattey u/ss. 399 & 402, IPC; and u/s. 3/25 of the Indian Arms Act.

(3.) The accused persons were charge-sheeted accordingly, who denied all the allegations and pleaded not guilty.