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2013 Supreme(Chh) 175

Radhe Shyam Sharma
RAJU ALIAS JUDGE KHAN – Appellant
Versus
STATE OF M. P. (NOW C. G. ) – Respondent


Advocates:
Advocate Appeared:
Shri M.D. Dhote, Advocate, for the Appellant.
Shri Vinay Harit, Deputy Advocate General, for the State/respondent.

JUDGMENT

1. This appeal is directed against judgment dated 30-04-1997 passed by First Additional Sessions Judge, Durg in Sessions Trial No. 321/91. By the impugned judgment, appellant Raju @ Judge Khan and co-accused Krishna have been convicted under Section 25(1B)(b) of the Arms Act, 1959 (henceforth 'the Act, 1959') and sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 500/- each, in default of payment of fine, to further undergo rigorous imprisonment for 1 month. Three other co-accused Mohan, Mohammad Naseem and Abdul Hamid have been acquitted of the charges framed against them. Other co-accused, namely, Premchand, Trilok Singh, Sarvan, Ramprasad and Omprakash have been declared absconded.

2. Co-accused Krishna has also been convicted and sentenced by the impugned judgment in the manner mentioned above, but this appeal has been preferred by appellant Raju @ Judge Khan only.

3. The case of the prosecution, in brief, is as under :

Inspector Sanjay Borkar (PW-3) was posted as Station House Officer in Police Station Bhilai Bhatti on 24-01-1991 and Sub-Inspector Pranesh Dubey (PW-4) was posted as Sub-Inspector in the said police station. On 24-01-1991, Inspecto
















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