The main legal point established in the judgment is the requirement for stringent evidence to prove charges, the importance of witness credibility, and the potential misuse of special acts by law enforcement.

JUDGMENT

1. Regard being had to the commonality of the facts and arising out of the same judgment dated 10-11-2017 by the Special Judge, Morena in S.T. No.44/2015. Common judgment has been passed and for convenience sake, facts of Criminal Appeal No. 5845/2017 have been taken.

2. Both these appeals arise out of the judgment dated 10-11-2017 passed by the Special Judge, Morena wherein the appellants have been convicted for the offence under Sections 148, 307/149 of IPC read with Section 11/13 of Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred to as the MPDVPK Act) and Section 25(1-b) (a)/27 of Arms Act and sentenced to 2 years RI with fine of Rs.1,000/-, 7 years RI with fine of Rs.5,000/- and 3 years RI with fine of Rs.1,000/- each respectively with default stipulation.

3. As per the case of the prosecution, the complainant/Sub Inspector Hitendra Singh Rathore, Police Station Saraichhola, District Morena received an information during patrolling on 15-02-2009 that notorious Dacoit Rajendra Gurjar along with his companions namely Samokhan, Jitendra, Surendra, Ramdeen, Ramsewak, Ranajeet, Komar Gurjar, Machal Singh, Karua and Harveer etc. have abducted and taken one person latched in chain with them in Naduapura ravines of Chambal and on such tip of informer, complainant along with other 10 persons of police patrolling party (total 11 in number as per FIR), reached the spot and divided them in two parties to nab the culprits. As per contents of FIR, party No.1 comprised of Complainant Hitendra Singh, PSI Anil Bhadoriya, Head Constable Siyaram Dhakad, Head Constable Bharat Singh, Constable Ramavtar Bohre, Constable Vishambhar and party No.2 under the command of Sub Inspector Akhilesh Puri Goswami with PSI Narawi, Head Constable Shivram, Constable Kok Singh and Ramavtar Singh. After division of police parties, complainant briefed both members of the parties by which party No.2 was directed to encircle the dacoits from eastern direction whereas party No.1 moved from western side. They had searching night vision with them and through that party No.1 saw one dacoit with rifle in his hands placed over a mound and was guarding against any intruder, therefore, he was challenged by the police party to show his identity and reason for his presence in ravines.

4. In reply thereof, he shouted with the name of Mukhiya Rajendra, Banti, Jitendra, Samokhan that police has arrived and cried for firing over police. Thereafter, dacoits opened indiscriminate fire which endangered the lives of police personnel. Complainant briefed party No.2 over wireless set and moved in the direction of dacoits. He also commanded the dacoits to surrender but in reply they opened fire, therefore, police personnel also opened fire and moved further towards their direction. Head Constable Siyaram Dhakad and Ramavtar caught hold of three dacoits who tried to escape from their grip and to save themselves, they fired over these two police personnel through their Katta in their hands but could not succeed. Other dacoits escaped and above-mentioned three persons came into the hold of police party. On interrogation; they referred their names as (i) Jitendra Gurjar (caught by Sub Inspector Hitendra Singh Rathore), (ii) Ramsewak (caught by Head Constable Siyaram) and (iii) Ramdeen (caught by Constable Ramavtar Bohre).

5. 315 bore Katta along with two live cartridges were seized from Jitendra Gurjar vide Ex-P/1, one 315 bore Katta along with two cartridges from the possession of dacoit Ramsewak Gurjar vide Ex-P/2 and 315 bore Katta with one live cartridge from the possession of dacoit Ramdeen vide Ex-P/3. During search one Katta with plastic grip and other provisions like wheat, pulses, rice, match box and lock and key etc. were seized vide Ex-P/4. Arrest memos were prepared on the spot and other accused persons were later on arrested.

6. When this process was going on, one person screamed for help and police party tracked down the p