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This case emanates from the charge sheet submitted by the PSI of Upparpet police station against accused No.1 to 3 for the offence punishable under section Sec.420, 511 R/w.Sec.34 of IPC.

2. The brief facts of the prosecution case is as under:

On 29.12.2014 the accused persons with an intention to cheat the public by intending to sell the arms illegally by misrepresenting fake things as red mercury blast which is raw substance in the preparation of bombs and other ammunitions and they are trying to sell the same in Gandhinagar Park within the jurisdiction of Upparpet Police Station and thereby committed an offence punishable U/Sec. 420, 511 R/w.Sec.34 of IPC.

3. The complainant has lodged complaint against accused persons. On the basis of said complaint the police have registered the case in Cr.No.415/2014 and forwarded FIR to this court. Accused persons are arested and later they are enlarged on bail. Thereafter, the police conducted investigation and filed charge sheet against the accused persons for the above said offences.

4. On the basis of materials on record cognizance of the offence U/Sec. 420, 511 R/w.Sec.34 of IPC is taken and issued summons to the accused persons. The accused appeared through their counsels, A-1 & A-2 by Sri.B.K.R. Adv., and A-3 by Sri.H.G.R Adv. Towards compliance U/Sec.207 of Cr.P.C. copy of charge sheet is supplied to the accused persons. Charge is framed, read over and explained to the accused in the language known to them. The accused persons pleaded not guilty and claimed to be tried.

7. The prosecution in order to bring home the guilt of the accused persons has examined PW.1 & 2 and got marked the documents as Ex.P1 to Ex.P3 and M.O. 1 and 2 and closed their side. Statement of accused No.1 to 3 U/Sec.313 of Cr.P.C. is recorded. The accused No.1 to 3 denied the incriminating evidence that appeared against them.

8. Based on the above facts and circumstances on record, the following points arisen for the consideration of the court:

1) Whether the prosecution proves beyond all reasonable doubt that On 29.12.2014 the accused persons with an intention to cheat the public by intending to sell the arms illegally by misrepresenting fake things as red mercury blast which is raw substance in the preparation of bombs and other ammunitions and they are trying to sell the same in Gandhinagar Park within the jurisdiction of Upparpet Police Station and thereby committed an offence punishable U/Sec. 420, 511 R/w. Sec.34 of IPC?

2) What order?

9. Heard the arguments of both sides and perused the materials available on record.

10. My findings to the above points are as under: 

             Point No.1       : In the Negative
             Point No.2       : As per final order
                                for the following:




                          REASONS

11. Point No.1:      It is the case of prosecution that, on

29.12.2014 the accused persons with an intention to cheat the public by intending to sell the arms illegally by misrepresenting fake things as red mercury blast which is raw substance in the preparation of bombs and other ammunitions and they are trying to sell the same in Gandhinagar Park within the jurisdiction of Upparpet Police Station and thereby committed an offence punishable U/Sec. 420, 511 R/w. Sec.34 of IPC.