MEH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22nd July, 1981 convicting the appellant of offence under Sec. 4(1) (g) of the Rajasthan Prohibition Act, and sentencing him to pay a fme of Rs. 250/- and in default to undergo one month's simple imprisonment and further convicting him for offence under Sec. 25 of the Arms Act and sentencing him to 2 years RI and a fme of Rs. 100/- and in default of payment of fine to further undergo one month's simple imprisonment.

(2.) The prosecution case is that on 14.11.1979 Daulat Singh, S.H.O. P.S. Bhawanda received information that Jeep No. RRG 4244 occupied by several persons along with guns, rifles, dharia, lathies etc. are proceeding for. dacoity. On receiving this information, the police party chased the jeep. The jeep was struck near the petrol pump. One of the accused Ram Deep ran away. Appellant Mehra Ram was carrying one rifle and 83 cartiges and they were seized. Other accused persons were also arrested. Recoveries were also made from them. After an usual investigation, the police filed a charge sheet against the accused persons for the offence under Sec. 399 and 402 I.P.C. and 25 of the Arms Act.

(3.) The learned Judge found the entire story with respect to preparation to decoity as false. In fact accused persons had gone to take Mst. Sayri, wife of one of the accused Sita Ram. Learned Judge acquitted all the accused persons of the charge of preparation for dacoity. Except the appellant all have been aquinted of the charge under Arms Act. As the appellant was carrying gun without license, he has been convicted under Arms Act. He consumed liquor for which he has been convicted under the provisions of Prohibition Act.