- (1.)CR. A. NO. 506/2004 filed by Ashish Sinha, Cr. A. No. 562/2004 filed by vijay K. Lakra and Cr. A. No. 601/2004 filed by Vijay Kumar Bariha have been preferred against the common judgment dated 13-5-2004 passed in Sessions Trial No. 375/2003, therefore, they are being disposed of by this common judgment.
(2.)THESE appeals are directed against the judgment of conviction and order of sentence dated 13-5-2004 passed by the Additional sessions Judge, Korba in Sessions Trial no. 375/2003, whereby and whereunder learned Additional Sessions Judge after holding the accused/appellants guilty for commission of offence under Sections 120-B, 397 read With Section 34 of the I. P. C. , sections 25 (2) and 27 (2) of the Arms Act, sentenced each of them to undergo rigorous imprisonment for seven years and pay a fine of Rs. 3,000/-, in default of payment of fine to further undergo simple imprisonment for one year under Sections 120-B and 397 read with Section 34 of the IPC arid to undergo rigorous, imprisonment for six months and pay a fine of Rs. 500/-, in default of payment of fine to further undergo simple imprisonment for three months under Sections 25 (2) and 27 (2) of the Arms Act.
(3.)THE impugned judgment is challenged on the ground that without any evidence regarding identification, memorandum and seizure and eye-witness, learned trial Court has convicted and sentenced the appellants in the aforesaid manner.
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