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2023 Supreme(Chh) 554

RAMESH SINHA
Sanjay Kumar Thakur S/o Omkar Thakur – Appellant
Versus
State Of Chhattisgarh Through Dist. Magistrate/Station House Officer, P. S Kotwali, Korba – Respondent


Advocate Appeared:
For the Applicant :Mr. Dharmesh Shrivastava, Advocate, Mr. Y.C.Sharma, Senior Advocate assisted by Mr. Hariom Rai and Mr. Ajay Chandra, Advocates
For the Respondent:Mr. Vikram Sharma, Deputy Government Advocate

Judgement Key Points

Based on the provided legal document, here are the key points:

  1. The court found that the prosecution failed to establish its case beyond reasonable doubt due to discrepancies in witness statements, lack of independent corroboration, and procedural irregularities in the investigation and seizure process (!) (!) .

  2. The evidence presented, including seizure of arms and ammunition, was not sufficiently proven, as critical procedures such as proper sealing, expert analysis, and documentation were not adequately followed (!) (!) .

  3. The sanction for prosecution under the Arms Act was granted without proper application of mind, as the relevant authority did not examine the seized weapons or documents before granting approval (!) .

  4. Several witnesses, including those involved in the seizure, turned hostile or did not support the prosecution's case, further weakening its evidentiary basis (!) .

  5. The investigation was deemed doubtful because it was conducted by the same officer who lodged the FIR, and procedural lapses such as absence of notices under Section 160 Cr.P.C., lack of spot map, and unsealed seizure memos compromised the integrity of the evidence (!) (!) .

  6. The court emphasized that the prosecution must prove its case beyond reasonable doubt, with fair and impartial investigation, proper documentation, and independent corroboration to sustain a conviction under the Arms Act (!) (!) .

  7. Based on these findings, the court set aside the convictions and sentences, resulting in the acquittal of the applicants (!) .

  8. The applicants, who are on bail, are not required to surrender at this time, but their bail bonds remain operative for six months (!) .


JUDGMENT :

Ramesh Sinha, J.

The applicants seek to challenge the order dated 02.09.2014 passed by the learned Additional Sessions Judge (FTC) District Korba in Criminal Appeal No. 8/2014 whereby it has affirmed the judgment of conviction and order of sentence dated 28.02.2014 passed by the learned Chief Judicial Magistrate, Korba, in Criminal Case No. 1266/2013 by which it has convicted and sentenced the applicants for the offence punishable under Section 25 of the Arms Act and sentenced the applicants to undergo rigorous imprisonment for 3 years each with fine of Rs. 1000/- and in default of payment of fine, to undergo further 2 months simple imprisonment.

2. Since all the above revision petitions arise of the same order, they are being considered and decided together.

3. The prosecution case, in brief is that Yadumani Sidar, Police Inspector, was on patrolling duty on 07.10.2013. He received an information through the informant that some persons in a vehicle Safari which was not having the registration plate, had entered Korba city and their activities were suspicious. Upon receipt of such information, they checked the vehicles near Sunaliya by-pass canal road. When the said vehicle

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