Nafr High Court
Case Details
1 2025:CGHC:30978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1085 of 1998 Raja Singh Chouhan, S/o Dwarika Singh, Aged 25 years, R/o village Bijuri, PS Bijuri, District Shahdol, Madhya Pradesh (Now Chhattisgarh) versus ... Appellant(s) The State Of Madhya Pradesh. ... Respondent(s) For Appellant(s) : None. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 07/07/2025 1. None appears for the applicant to press this criminal appeal, hence this Court has requested to Mr. Anil Kumar Gulati, learned counsel, who is present in the Court, to assist the Court as case is pending since 1997. He had accepted the said request and, accordingly, this Court appointed him as amicus-curie, who in turn has assisted the Court in disposal of the present revision on behalf of the applicant. 2. This appeal is directed against the judgment of conviction and 2 order of sentence dated 11.03.1998 passed by the 6th Additional Sessions Judge, Bilaspur, in Sessions Trial No.339/1997, whereby the learned Sessions Judge after holding the appellant guilty for the offence punishable under Section 25-A of the Arms Act sentenced him to undergo rigorous imprisonment for 3 years and fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months. 3.
Legal Reasoning
The judgment of conviction and order of sentence is challenged on the ground without there being reliable and clinching evidence and injury, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed an illegality. 4. Brief facts of the case are that the Station House Officer (SHO) of Police Station Pendra, M.P. Dubey (PW-6), received information on the day of the incident, at around 8:30 P.M., five unknown persons were planning to commit dacoity in the village of Pendra, targeting a wealthy person's house. The informant provided the said information while the SHO, M.P. Dubey (PW-6) was on patrolling near the Primary School Hari Kachar. Upon receiving this information, the SHO, M.P. Dubey alongwith other police personnel, including Principal Constable Nos. 306, 1053, Constable Nos. 1268, 37, 1342, 537, and 47, proceeded to the spot. They laid a trap and divided themselves into different groups to apprehend the accused persons. When the unknown persons 3 were approached, they tried to flee, and two of them were caught. The other three managed to escape in the darkness. The two accused persons who were caught revealed their names as Raja Singh Chauhan and Ramdular. During the search of the accused Raja Singh Chauhan, a button-actuated knife was recovered from his left armband, and a country-made pistol with six cartridges was recovered from his right pocket. From the accused Ramdular, a 12-bore country-made pistol and four cartridges were recovered. The SHO prepared a seizure memo (Ex. P/2) for the articles recovered from Raja Singh and another seizure memo for the articles recovered from Ramdular. The SHO registered a First Information Report (FIR)(Ex.P/7) against the accused persons and prepared a site plan (Ex.P/4). He also submitted a report to the District Magistrate, Bilaspur, seeking permission to prosecute the accused under the Arms Act. 5. The seized country-made pistols and cartridges were sent to the Town Inspector, Bilaspur, for examination. The SHO, M.P. Dubey (PW- 06), arrested the accused Raja Singh and Ramdular on 20.05.1997, and prepared the arrest memos (Ex. P/09 and P/10). The District Magistrate, Bilaspur, granted permission to prosecute the accused on 11.08.1997 (Ex. P/1). The Assistant Sub- Inspector, Police Line, Bilaspur, S.P. Sharma (P.W.-4), examined the seized country-made pistols and cartridges, and found 315 bore pistol was functional and capable of firing, 12-bore pistol was also functional and capable of firing, four 12-bore cartridges were 4 live and fit for firing, five 315 bore cartridges were also live and fit for firing, the enquiry report was submitted as Ex. P/6. After completing the necessary investigation and formalities, the charge-sheet was filed against the accused persons. The accused has denied the allegation levelled against him, pleaded not guilty and has falsely been implicated in the case. 6. In order to establish the charge against the appellant, the prosecution examined as many as 6 witnesses and exhibited the documents (Exs.P-1 to P-9). After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as aforementioned. Hence, this appeal. 7.
Legal Reasoning
Learned counsel for the applicant submits that the learned trial court erred in holding the appellant guilty for the offense punishable under Section 25 of the Arms Act, as there is no evidence on record to show that the factum of seizure of the said weapons was made from the exclusive possession of the appellant. He further submits that the defence version ought to have been accepted as the statements of the witnesses are unreliable die to discrepancies and inconsistencies, therefore, the order impugned passed by the trial Court is bad in the eye of law and the same is liable to the set-aside. 8. On the other hand, learned counsel appearing for the State/respondent supported the judgment impugned and argued 5 that the prosecution has adduced sufficient evidence against the appellant. He further submits that during the search of the accused, Raja Singh Chauhan, a button-actuated knife and a country-made pistol with six cartridges was recovered, which were then sent to the Town Inspector, Bilaspur, for examination, the Assistant Sub-Inspector, Police Line, Bilaspur, S.P. Sharma (P.W.- 5), examined the seized country-made pistols and cartridges and found the same functional and capable of firing which is sufficient to hold the guilt of the appellant. He also submits that the appellant is still absconding. 9. I have heard learned counsel for the parties and perused the record with utmost circumspection. 10. In order to appreciate the evidence adduced on behalf of the prosecution and in order to examine the complicity of the appellant in the crime in question, I have examined the evidence adduced on behalf of the prosecution as under: 11. Suklal (PW-2) deposed against the appellant that the incident took place about 6–7 months ago. It was towards the end of the month of Vaishakh. At that time, he was accompanying the Station House Officer (SHO), M.P. Dubey (PW-6) towards the school. Suddenly, they heard a voice shouting that some thieves and dacoits had been apprehended. When they reached the spot, they saw that some individuals had been caught and were being held by members of the public. Among the apprehended individuals, 6 one disclosed his name as Raja Singh. Thereafter, both the accused persons were searched by the SHO. A knife was recovered from Raja Singh’s shoe, while nothing was found from the second accused. At the spot, a pistol and live cartridges were also found, which were kept in a suitcase. One set contained four cartridges, and another contained five cartridges. The accused stated that they frequently travel and keep weapons for self- protection. the accused also disclosed the names of three of their associates. However, he do not remember their names now. He had also seen a knife in the hand of the second accused. The seizure of the items was carried out by the SHO. One country- made pistol (katta) and four cartridges were seized in one recovery, another country-made pistol and five cartridges were seized in a separate recovery. The seizure memo is Exhibit P-2. In his presence, as per Exhibit P-3, one country-made pistol, a knife, and other articles like clothes were seized by the police. On the following day, the site map of the place of occurrence was prepared in his presence. The site map is Exhibit P-4. 12. Sevaram (PW-3) corroborated the statement of Suklal (PW-2) and deposed against the appellant that he was employed as a Peon at the Kanya Shala, Mendra. The incident occurred on 30.05.1997, at about 9 to 10 P.M. At that time, the police personnel came to his house and requested his assistance. His house is adjacent to the school. Following their request, he, alongwith Suklal, went near the school. The police staff had surrounded the school 7 premises, and they apprehended two individuals. The police identified them as Raja Singh Chauhan and Rajgiri. The police interrogated the accused and asked how many of them were involved. The accused replied that they were five in total, and three had managed to escape. Upon further questioning, the accused stated that they had come with the intention of going to Amarpur, and they had ended up at the location. They also revealed that they were residents of Bijuri Colliery. The police conducted a personal search of the accused in his presence. Upon searching Raja Singh, a country-made pistol (katta) was found tucked in his waistband, and a knife was recovered from his sock. Additionally, six cartridges, including one spent cartridge, were recovered from his full-pant pocket. Upon searching Rajgiri, one country-made pistol was recovered from his waistband, along with a knife wrapped in cloth, and four brass cartridges, out of which two were live. All these items were seized in his presence, and the seizure proceedings were documented by the police. His signatures are present on the seizure memo Exhibit P-2. From the second accused, Rajgiri, the police recovered one country-made pistol tucked in his waistband, a knife wrapped and placed near the waist, and some cartridges kept in his full-pant pocket. Some writing was found on the cartridges, but he do not recall what was written. These articles were also seized in his presence. The relevant seizure memo is Exhibit P-3. The police prepared a site map of the place of occurrence in his presence. The site plan is 8 marked as Exhibit P-4. The police also questioned the accused regarding the seized articles. In response, the accused informed the police that the seized items were being kept by them for their own personal use. 13. S.P. Sharma (PW-4), who examined the seized country-made pistols and cartridges has deposed against the appellant that he has been posted as an Armourer at Reserved Police Line, Bilaspur since the year 1983. A memorandum was received from Police Station Pendra Road requesting examination and report on articles contained in four sealed packets. The memorandum is marked as Exhibit P-5. Upon opening the said four sealed packets, one country-made pistol (katta) of 315 bore, five live cartridges of 315 bore, one country-made pistol (katta) of 12 bore, four live cartridges of 12 bore, and one spent cartridge were found. After inspecting the aforementioned articles, he prepared his report, the country-made 315 bore pistol was locally manufactured. A 315 bore cartridge fits properly into the chamber, indicating that it was designed for the purpose of firing such ammunition. The weapon was capable of being fired and had, in fact, been fired previously. All parts of the firearm were found to be in working condition. Hence, it was fire-worthy at the time of inspection. The five 315 bore cartridges were original and bore the marking “K.F.8.M.M” at the base. All cartridges were live and fireable. The one empty cartridge case was of 315 bore, appeared to have been fired, and had the marking “K.F.A.M.M”. The firing 9 pin impression on the primer matched the chamber of the 315 bore pistol, confirming that it was fired from the same weapon. The second firearm, a country-made 12 bore pistol, was also locally manufactured, a 12 bore cartridge fit correctly in its chamber, and the weapon was designed for firing such ammunition. It had also been fired previously, though the exact time of use could not be determined. At the time of examination, the pistol was in working condition and capable of being fired. The four 12 bore cartridges included one sound cartridge, one BB1 Medium LD cartridge, and one cartridge loaded with No.1 pellets, which appeared to have misfired during use. All cartridges were found to be live and capable of being fired. His expert report is marked as Exhibit P-6, which consists of two pages. The report has been written by him. After completing the examination, he resealed the articles into four sealed packets and sent them to Police Station Pendra through Constable No. 1342 for further necessary legal action. 14. Pyarelal (PW-5) also corroborated the statements of Suklal (PW- 2) & Sevaram (PW-3) and deposed against the appellant that the school is situated at a distance of approximately 100 steps from his house. The incident took place around 5–6 months ago. It was around 9:00 P.M.. At that time, he was at his home. There was a commotion near the school, which is adjacent to his house. Upon hearing the noise, he went towards the school. A large crowd had gathered there. In the presence of the court, upon seeing the 10 accused persons, the witness stated that these were the same individuals from whom, specifically from one accused named Raja Singh, a knife and a pistol were recovered from the side of his waist. Six live cartridges were also recovered from Raja Singh. From another accused, who identified himself as Ramdas Giri, one pistol and four live cartridges were recovered. 15. M.P. Dubey (PW-6), Station House Officer, who received information from the informant at the time of patrolling has deposed against the appellant that he was posted as the Station House Officer (SHO) at Police Station Pendra from 07.07.1995. On receiving credible information from an informant, he was informed that five individuals were planning to commit an armed dacoity near the school at Puranibasti, Pendra. Acting upon this information, he immediately proceeded to the spot along with my police staff and, with the assistance of two local civilians, we cordoned off the area from all sides. During the operation, all five suspects attempted to flee, however, two of them were apprehended after a brief chase, while three managed to escape. In the presence of public witnesses, the apprehended accused were questioned on the spot. One of them disclosed his name as Raja Singh Chauhan, and the other as Ramdaras Giri. In the presence of witnesses, both accused persons admitted that they had come to Pendra along with three other associates with the intent to commit dacoity. He conducted a personal search of accused Raja Singh Chauhan in the presence of witnesses and 11 recovered one button-activated knife concealed in the left sock, one country-made firearm (katta) of 315 bore tucked into the left side of his waist, six cartridges from the right pocket of his pants, of which one was spent. the seizure memo was prepared on the spot and is marked as Exhibit P-2.On 30.05.1997, he conducted the personal search of accused Ramdaras Giri, and in the presence of witnesses, recovered one country-made firearm (katta) of 12 bore tucked into the left side of his waist, one nanchaku concealed at the waist, four red-colored cartridges of 12 bore from the right pocket of his full pants. He also seized a suitcase containing clothes. These articles were seized in the presence of witnesses and documented in the seizure memo marked as Exhibit P-3. After completing the seizure at the scene of the incident, he registered the First Information Report (FIR), which is marked as Exhibit P-7. He recorded the statements of prosecution witnesses Suklal, Sewaram, Pyarelal, and Ramji Pandey as per their narration. He also prepared a spot map (site plan) of the place of occurrence in the presence of witnesses. The said spot map is marked as Exhibit P-4. Through the Superintendent of Police, Bilaspur, he submitted a memorandum to the District Magistrate, Bilaspur, seeking sanction for prosecution under Section 39 of the Arms Act. The memorandum is marked as Exhibit P-8. He sent the seized country-made pistols and cartridges for ballistic examination through the Reserve Inspector, Bilaspur. The forwarding memorandum is marked as 12 Exhibit P-5. On 20.05.1997, he formally arrested accused Raja Singh and Ramdaras Giri in the presence of two independent witnesses. The arrest memos are marked as Exhibits P-9 and P- 10, respectively. 16. Considering the statement of M.P. Dubey (PW-6) Station House Officer, S.P. Sharma (PW-4), who was Armourer at Reserved Police Line, Bilaspur and who examined the seized country-made pistols and cartridges from the possession of appellant and other accused persons, witnesses Suklal (PW-2), Sevaram (PW-3) and Pyarelal (PW-5) who has specifically stated the act of present appellant and other co-accused persons, the evidence led by the prosecution clearly establishes the possession of prohibited arms by the appellant, the recovery of effected in presence of witnesses, there is no material irregularity or perversity in the findings of the trial Court, furthermore, the conduct of the appellant who absconded and continues to remain untraceable despite repeated issuance of warrants, speaks volumes of his disregard for the rule of law. 17. This Court, thus, finds no merit in the present appeal and no ground for interference with the well-reasoned judgment of conviction and sentence passed by the trial Court. The appeal is hereby dismissed. 18. In view of the appellant's continued absconsion, this Court directs issuance of a permanent arrest warrant against the appellant. The 13 learned trial court is directed to initiate all necessary steps for securing the custody of the appellant, including proceedings under Section 82/83 CrPC {Section 84 and 85 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS”)}, if not already initiated. 19. The Registry is directed to transmit the certified copy of this judgment alongwith the original record to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil