(1.) By this judgment both the Criminal Appeals No.31 of 2004 (Mukesh @ Bittu Vs. State of M.P.) and Criminal Appeal No.57 of 2004 (Pushpee @ Pushpendra Singh Vs. State of M.P.) are being disposed of simultaneously by a common judgment, as the aforesaid appeals are arising out of the judgment dated 12.12.2003 passed by the Court of IV Additional Sessions Judge, Gwalior (Smt. Laxmi Sharma) in Sessions Trial No.176 of 2002 convicting the accused Mukesh alias Bittu under Section 302 read with Section 34 of Indian Penal Code and sentencing him to undergo life imprisonment with fine of Rs.5000/- and the accused Pushpee @ Pushpendra Singh under Section 302 of Indian Penal Code and Under Section 25/27 of the Arms Act and sentencing him to undergo life imprisonment with fine of Rs.5000/- and three years RI with fine of Rs.1000/- respectively with default stipulation mentioned in the impugned judgment.
(2.) The following admitted facts have come on record as under :
(3.) The story of the prosecution is as follows :
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