JUDGMENT

U.C. Maheshwari, J.—Although this judgmennt is being passed in Crimiinal Appeal No. 155/04 filed by appellant Babloo but the same shall also govern the disposal of Criminal Appeal No.133/04, filed by other convicted co-accused Mohan.

2. Aforesaid both the appeals have been directed by the respective appellants under Section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 13.2.2004 passed by 12th Additional District Judge, (FTC), Gwalior in S.T. No.310/02 whereby the appellant of Cr. A. No.155/04 namely Babloo has been convicted and sentenced for the offence under Sections 307, 452 of IPC and 25/27 of Arms Act with a direction to undergo four years RI with fine of Rs.2000/-, in default of depositing the fine further six months imprisonment in the first count while three years RI with fine of Rs. 1000/-, in default of depositing the fine further three months SI in the second count and three years RI with fine of Rs. 1000/-, in default of depositing the fine further three months SI in last count. While the appellant of Cr. A. No.133/04 namely Mohanlal has been convicted and sentenced under Section 452 of IPC for RI three years with fine of Rs.1,000/- in default of de