Judgment

Lokeshwar Singh Panta, J. —

1. Leave granted.

2. Manoj and Bijendra Singh - two brothers have filed this appeal against the Judgment and Order dated 11.12.2007 passed in Criminal Appeal No. 631/2000 by the High Court of Madhya Pradesh Bench at Gwalior whereby and whereunder the conviction of Manoj-appellant No. 1 herein recorded by Special Judge (NDPS) and Additional Sessions Judge, Gwalior in Sessions Trial No. 161/99 under Section 307 read with Section 34 of the Indian Penal Code [for short ‘IPC’] has been altered to Section 324 IPC and sentenced to undergo rigorous imprisonment for 3 years, whereas conviction of Bijendra Singh-appellant No. 2 herein (as also accused No.2-Ram Avtar) from Section 307 read with Section 34 IPC has been converted to Section 324 read with Section 34 IPC. Appellant No. 2 is sentenced to undergo rigorous imprisonment for 3 years, whereas Ram Avatar has been Ordered to undergo rigorous imprisonment for one year. The conviction of appellant No. 1 under Section 25 (1B) (a) read with Section 3 of the Arms Act has been set aside.

3. Briefly stated, the facts of the prosecution case are that on 23.01.1999 at about 10:00 a.m. complainant Bahadur Singh (P.