DURGESH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall govern the disposal of this appeal as well as Criminal Appeal No. 595/2003, Antu vs. State of M.P., as both the appeals arise out of the same judgment and order.

(2.) BOTH the appellants have been convicted under sections 458, 397 and 398, Indian Penal Code and sentenced to R.I. for seven years with fine of Rs. 500/ - on each count vide impugned judgment dated 28 -2 -2003 passed by the 3rd Addl. Sessions Judge, Jabalpur in S.T. No. 198/2002.

(3.) DURING investigation, spot map was prepared as per Ex. P.5. Appellants and acquitted accused persons were arrested. In pursuance of the information given by appellant Antu, some cash amount and a sword was recovered as per Ex. P. 7. Pursuant to the information given by appellant Durgesh, a sword was recovered as per Ex. P. 9.