JOHAN YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction dated 22.3.1999 and order of sentence dated 23.3.1999 respectively, passed in S.T. No. 303/1998, whereby, the learned II Additional Sessions Judge, Bilaspur has convicted the Appellants under Section 307 read with Section 34 of the IPC and sentenced each of them to undergo R.I. for 4 years and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo S.I. for 15 days.

(2.) IT is not in dispute that on the date of incident, Appellant Johan Yadav had received gunshot injury by the service revolver of Shri N.K. Mandal (P.W. 3), in-charge R.P.F. and had also admitted in the Railway Hospital.

(3.) THE learned II Additional Sessions Judge framed charge under Sections 307 read with Section 34 of the IPC, read over and explained to the Appellants, who abjured the guilt and Pleaded that they have been falsely implicated in the case.