MAHESH GOSWAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH these appeals are arising out of one judgment, hence, both have been heard together and are being disposed of by this common judgment.

(2.) CRIMINAL Appeal No.239/03 has been filed by appellant Pappu @ Umar Khan and Criminal Appeal No.223/03 has been filed by appellant Mahesh s/o Lachchi Ram. The appellants have preferred these two appeals impugning one common judgment dated 28th February, 2003 rendered by Special Judge (NDPS) and Additional Sessions Judge, Gwalior in ST No.59/99. Vide the impugned judgment, the learned Judge has convicted the appellants for commission of offence punishable under section 392 read with section 397 of IPC and directed them to undergo rigorous imprisonment for a period of seven years.

(3.) SHRI Sunil Soni, learned counsel appearing on behalf of appellant- Pappu alias Umar Khan, has submitted that the FIR is against unknown persons. Nothing could be recovered from his possession. He could not be identified during identification parade. Only on the ground of identification in the Court, he has been convicted. In the light of earlier identification, subsequent identification in the Court ought not to have been relied on. Except this evidence, nothing is there against him.