BAPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant herein stands convicted under Section 25(1)(a) of Arms Act vide judgment passed by the Additional Sessions Judge, Bhanpura District Mandsaur in Sessions Trial No. 47/92 on 2/12/2000.

(2.) 2(a). Prosecutions case as unfolded before the trial Court was that R.S. Jhala (PW-7) was posted as Station House Officer at Police Station, Bhanpura on 15/10/1991. On that day, he received infor-mation from the informer that some armed dacoits have been seen in the forest near a rivulet situated between village Borda and Ledi and they are about to commit dacoity at the house of Ramnarayan Ahir resident of village Ledi. R.S. Jhala (PW-7) entered the information in roznamcha and informed Sub Divisonal Officer (Police) Garoth and the Station House Officer, Gandhi Sagar through wireless message. He requested them to come to Bhanpura Police Station. Thereafter Ramswaroop, Head Constable (PW-1) and some armed police constables were sent to village Ledikala.

(3.) Aforesaid four persons were tried for the commission of offence punishable under Section 399, 402 of Indian Penal Code and Ram Chandra S/c Nathu Singh and appellant Bapu S/c Karan were in addition to the above offences were tried for the commission of the offence punishable under Section 25 and 27 of Arms Act respectively. Accused Prakash Goswami S/c Devigiri Goswami died during the trial. Indriya S/c. Banwari and Ram Chandra S/c Nathu were acquitted of the charges leveled against them. Appellant Bapu was also acquitted of the charge under Section 399 and 402 of Indian Penal Code, but he was convicted under Section 25(1)(a) of Arms Act instead of Section 27 of Arms Act and sentenced to undergo rigorous imprisonment for 2 years, that is why appellant has filed this appeal.