Madhya Pradesh High Court
Jagmohan Singh vs The State Of M.P. on 28 June, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 28 th OF JUNE, 2023
CRIMINAL APPEAL No. 368 of 2005
BETWEEN:-
1. JAGMOHAN SINGH S/O VIJAY SINGH GURJAR,
AGED ABOUT 50 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE MAHUA, P.S. CIVIL
LINE DATIA (MADHYA PRADESH)
2. BABU S/O KISHORI MEHTAR, AGED ABOUT 35
YEARS, OCCUPATION: KASTAKARI R/O VILLAGE
MAHUA, P.S. CIVIL LINE DATIA (MADHYA
PRADESH)
3. PRAN SINGH S/O JAGMOHAN SINGH GURJAR,
AGED ABOUT 30 YEARS, OCCUPATION:
KASTAKARI R/O VILLAGE MAHUA, P.S. CIVIL
LINE DATIA (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI DEEPAK KUMAR GUPTA- ADVOCATE)
AND
THE STATE OF M.P. THROUGH P.S. CIVIL LINE DATIA
DISTT. DATIA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI NITIN GOYAL- PANEL LAWYER FOR THE STATE )
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal has been filed by the appellants under Section 374(2) of Cr.P.C. against the judgment dated 10th June, 2005 passed by the Special Signature Not Verified Signed by: MADHU SOODAN PRASAD Judge, Datia in Special Case No.96/2002 whereby appellants have been Signing time: 28-06-2023 05:08:37 PM convicted under Section 393 read with Section 398 of IPC read with Section 13 2 of the MPDVPK Act and sentenced to undergo 7 years RI with fine of Rs.1,000/- and appellants Jagmohan and Babu have been further convicted under Sections 25(1)(1-b)(a) & 27 of the Arms Act and sentenced to undergo 3 years RI for both the offences.
In brief case of the prosecution is that complainant M.P.Sharma, SHO, Civil Line, Datia, lodged a Dehati Nalishi on 3.9.2002. As per the Dehati Nalishi, on 3.9.2002 he got a secret information that near Ghotoriya Baba appellants & two others have assembled armed with country-made pistols and they are conspiring to commit loot in Siddheshwar bus. On receiving the information, he along with force proceeded for the spot. Before 1 km from the spot he made three police parties and surrounded the spot. They saw five persons armed with weapons are sitting there and talking with each other. The police force challenged them, on which they tried to run away. Three persons were caught at the spot. They disclosed their names as Jagmohan, Babu and Pransingh. From their possession 12 bore gun, 12 bore Katta and Baka along with live cartridges have been seized. From the spot bundles of Bidi and matchbox have also been seized. On the basis of aforesaid report, Dehati Nalishi under Sections 399, 400, 402 of IPC, Section 25, 27 of the Arms Act and Sections 11,13 of the MPDVPK Act has been registered. On the basis of Dehati Nalishi, FIR bearing crime No.79/2002 has been registered by Head Constable. After investigation, charge-sheet has been filed. After trial, appellants have been convicted as aforesaid.
Learned counsel for the appellants submits that there is no evidence on Signature Notrecord Verified to the effect that appellants were making preparation to commit loot in a Signed by: MADHU SOODAN PRASAD bus. Only on the basis of Dehati Nalishi, they were apprehended from the spot. Signing time: 28-06-2023 05:08:37 PM 3 All witnesses are basically police personnel. Their evidence has not been supported by independent witnesses Shrilal (PW-1) and Krishnapal (PW-4). So far as Nathuram (PW-2) and Dinesh (PW-3) are concerned, they are the Arms Moharir who tested some weapons at police line. In these situation, trial Court erred in convicting & sentencing the appellants for the aforesaid offences and prayed for allowing the appeal.
Learned counsel for the State submits that trial Court on the basis of evidence rightly convicted the appellants and no interference is warranted.
Heard learned counsel for the parties and perused the record. As per Sub-Inspector MP Sharma (PW-8) on 3.9.2002 he was posted as SHO at police Station Civil Line Datia. He got secret information that near Ghatoriya Baba Jagmohan Gurjar, Babu Mehtar, Ramsingh, Gyansingh and Pratap Singh Ahirwar armed with weapons are preparing to commit loot in Siddheshwar bus. After recording the information in Rojnamacha, he along with police force proceeded for the spot. Before 1 km from the spot, he made three police parties and surrounded the spot. They saw that five persons are sitting there armed with weapons and talking with each other. The police force challenged them on which they tried to fled away, however, three of them were caught. From their possession 12 bore gun, one Addhi and Baka along with live cartridges have been seized. From the spot bundles of Bidi and matchbox were also seized. They could not justify possession of aforesaid weapons. On the spot, he lodged Dehati Nalishi (Ex.P/13) and arrested the appellants vide Ex.P/5, 6 and 7. He sent Dehati Nalishi through Head Constable Janki Prasad for recording of FIR. During cross-examination, he denied that he has not Signature Not Verified received any secret information, he has not seized any gun from the spot and Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM that he has falsely lodged the Dehati Nalishi.
4As per the evidence of this police Officer, on the basis of secret information he along with police force reached the spot and seized 12 bore gun, Adhiya and Baka along with live cartridges from the appellants, but his evidence has not been supported by independent seizure witnesses Shrilal (PW-1) and Krishnapal (PW-4). They have totally denied that in front of them any guns or Baka have been seized from the appellants. Thus, only on the basis of statement of police Officer Shri M.P.Sharma (PW-8), it cannot be presumed that appellants on the date of incident at the place of incident armed with arms were preparing to commit loot in Siddheshwar bus.
Thus, in the considered opinion of this Court, learned trial Court erred in convicting & Sentencing the appellants for the offence under Section 393 read with 398 of IPC read with Section 13 of the MPDVPK Act and Sections 25(1) (1-b)(a) & 27 of the Arms Act. Accordingly, this appeal is allowed. Impugned judgment is set aside and appellants are acquitted. Appellants are on bail, their bail bonds shall stand discharged.
(DEEPAK KUMAR AGARWAL) JUDGE ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM