MUNE GOSWAMI Vs. STATE OF M P

JUDGEMENT

(1.) By this common judgment Criminal Appeal No.907/2006 filed by Ram Singh, Criminal Appeal No. 913/2006 filed by Chhakkilal and Criminal Appeal No.963/2006 filed by Munnu @ Rakesh and Criminal Appeal No.879/2006 filed by Mune Goswami are being decided as they arises out of the same judgment and sentence.

(2.) It appears that Munnu @ Rakesh has filed two criminal appeals. Criminal Appeal No.963/2006 was registered as an appeal sent from jail whereas Criminal Appeal No.913/2006 has been filed on behalf of Chhakkilal and Munnu @ Rakesh S/o Harkishan. Two criminal appeals against the same judgment by one accused person is not maintainable. As Criminal Appeal No.913/2006 filed on behalf of Munnu @ Rakesh was prior in time, therefore, Criminal Appeal No.963/2006 filed by Munnu @ Rakesh from jail is dismissed as not maintainable.

(3.) These appeals have been filed under Section 374 of Cr.P.C. against the judgment dated 4.11.2006 passed by Special Judge (MPDVPK Act), Bhind in Special Sessions Trial No. 86/2004 by which the appellants have been convicted under Section 399 of IPC r/w Section 11/13 of MPDVPK Act and have been sentenced to undergo the sentence of three years R.I. and a fine of Rs. 2,000 with default imprisonment, under Section 400 of IPC and have been sentenced to undergo five years R.I. and a fine of Rs. 3,000 with default imprisonment, under Section 402 of IPC r/w Section 11/13 of MPDVPK Act and have been sentenced to undergo three years R.I. and a fine of Rs. 2,000 with default imprisonment and appellant Chhakki Lal (Criminal Appeal No.913/2006) and appellant Mune Goswami (Criminal Appeal No.879/2006) have also been convicted under Section 25 (1-B) (a) of Arms Act and have been sentenced to undergo three years R.I. and a fine of Rs. 500/- with default sentences.