LAKHAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this judgment, Criminal Appeal No.246/2006 (Lakhan Sharma Vs. State of M.P.) and Criminal Appeal No.414/2006 (Nihal Singh Vs. State of M.P.) arising out of one judgment dated 08.03.2006 passed in S.T.No.303/03 by learned Additional Sessions Judge, Chachoda, district Guna (M.P.) are being disposed of.

(2.) APPELLANTS have field these appeals against impugned judgment dated 08.03.2006 whereby appellant Nihal has been convicted for the offence punishable under Sections 307/34 and 341 of IPC and sentenced to undergo R.I. for 7 years for the offence punishable under Section 307/34 of IPC and fine of Rs.500.00 has also been imposed upon him. He is sentenced to undergo simple imprisonment for one month and fine of Rs.100.00 has been imposed for the offence punishable under Section 341 of IPC.

(3.) THE brief facts of the case are that on 1.8.2003 at about 6.45 P.M., complainant Shrilal was going on motorcycle near Chachoda, it is alleged that appellants over took unnumbered motorcycle and thereafter came back to stop the motorcycle of complainant and one of them fired upon complainant by countrymade pistol of 12 bore. Thereafter, both of them ran away from the spot. Complainant lodged report at Police Station Chachoda and after filing of challan, learned trial Court after trial of the both the appeals for the offence punishable under Section 307/34, 394 read with Section 34 and 341 of IPC and in addition to the above charges for the offence punishable under Section 25 (1-b)(a) and 27 of Arms Act against the appellant Lakhan and convicted and sentenced them as mentioned in paragraph 2 of the judgment.