RANVIR GADARIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall govern disposal of Criminal Appeal No. 635/02 (Ranvir and two others v. State of Madhya Pradesh), Criminal Appeal No. 560/02 (Udaysingh v. State of Madhya Pradesh) and Criminal Appeal No. 643/02 (Jagdish Gadariya v. State of Madhya Pradesh).

(2.) ALL these appeals are filed by the accused persons challenging judgment dated 8.10.2002 delivered by Special Judge, Shivpuri, in Sessions Trial No. 44/02 whereby the accused-appellants in all the three appeals have been convicted under sections 399, 400 and 402 read with sections 11 and 13 of the MPDVPK Act and sentenced with rigorous imprisonment for five years and fine of Rs. 200/- each on each count. Accused-appellants, Ranvir Gadariya and Dayaluram Gadariya have also been convicted under section 25(1-B) (a) of the Arms Act and sentenced to one years rigorous imprisonment with a fine of Rs. 100/- each. All the sentences have been directed to run concurrently.

(3.) THE trial Court framed charges against the accused persons for commission of offence under sections 399, 400 and 402 read with sections 11 and 13 of the MPDVPK Act. Charge under section 25(1B) (a) of the Arms Act was also framed against accused Ranvir and Jagdish. The trial Court, after recording of statements of the prosecution witnesses and defence witness Soneram (DW 1), found the accused persons guilty and convicted them as stated above.