Pankaj Bhandari, J. - (1.) Appellant has preferred this appeal aggrieved by judgment and order dated 18.1.2017 passed by Special Judge (Dacoity Affected Area), Dholpur, whereby Court has convicted the present appellant for offence under Section 332, 353, 307 IPC read with Section 11 of RDA Act and has acquitted the accused for offence under Section 3/25 of the Arms Act and has sentenced the accused for four years for offence under Section 307 IPC read with Section 11 of RDA Act and has imposed a fine or Rs.1,000/- and on non-payment of fine to undergo imprisonment of one month. For offence under Section 332 IPC, appellant has been sentenced for three years imprisonment and for offence under Section 353 IPC for one year imprisonment.
(2.) The factual matrix of the case are that on 16.3.2009 a secret information was received by the police that dacoits of Lotai Gang Narayan Singh and Nihal Singh along with other dacoits are present at their house near village Deewanpura. Three teams were constituted and house of present appellant and Narayan Singh was surrounded by the police party when police party approached the house of the dacoits, they tried to escape and fired on the police party. In cross fire, Narayan Singh expired and appellant surrendered before the police. One 315 bore rifle and 90 bullets were recovered from the appellant. Police after due investigation submitted charge-sheet against the appellant.
(3.) After hearing the charge arguments, charges were framed against the appellant who denied the charges and sought trial. Prosecution examined as many as 27 witnesses and as many as 40 documents were exhibited on behalf of the prosecutrix. Explanation of the accused was recorded under Section 313 of Cr.P.C. and he stated that he has been falsely implicated. Exhibit D-1 to Exhibit D-9 were exhibited on behalf of appellant. Court below after hearing the final arguments has convicted the present appellant in aforementioned offences, aggrieved by which present appeal has been preferred.;