MUNNALAL @ MUNNA Vs. STATE OF M.P.

JUDGEMENT

(1.) By this appeal Criminal Appeal No.285/2006 and Criminal Appeal No.295/2006 are going to be disposed of which arises from one judgment dated 25.03.2006 passed in S.T.No.46/05 by learned Additional Session Judge (NDPS), Gwalior, M.P.

(2.) Appellants in both these appeals have filed an appeal against judgment dated 25.03.2006 passed in S.T.No.46/05 by which they have been convicted for the offence punishable under Section 307/34 of IPC and sentenced to undergo R.I. for five years each and fine of Rs.1000/- each imposed upon them with default stipulation.

(3.) Brief facts of the case are that on 07.09.2004 at about 10.30 P.M., complainant Tan Singh and his brother Bahadur Singh were sitting out their house at Morar, Gwalior, it is alleged that accused Pokhan, Munna, Pulander and Chote reached there and Munna and Pokhan fired continuously by countrymade pistol. One of the fire injured Bahadur Singh on abdomen. Complainant Tan Singh took Bahadur Singh to hospital and lodged report also. On filing of challan, learned trial Court after trial of the four accused for the offence punishable under Section 307/34 of IPC convicted the appellant Munna and Pokhan and sentenced them as mentioned in paragraph 2 of the judgment, while remaining two accused Chote @ Purushottam and Pulander Singh have been acquitted in the absence of evidence against them.