1. By the single judgment, two criminal appeals, i.e., Criminal Appeal No.278/2009 and Criminal Appeal No.254/2009 are being decided.

2. These criminal appeals have been filed against the judgment dated 2.4.2009 passed by Special Judge, MPDVPK Act, Gwalior in Special Sessions Trial No.62/2005 whereby the appellants have been convicted under sections 399 and 402 of IPC read with section 13 of MPDVPK Act and under section 25(1B)(b) of Arms Act and the appellants have been acquitted of the charge punishable under section 400 of IPC read with section 13 of MPDVPK Act.

3. The prosecution story in short is that on 31.5.2005 Atmaram Sharma Incharge Inspector of Police Station Padav, District Gwalior received an information from an informer that five accused persons have gathered in the graveyard situated in front of Khwaja Kanoon with an intention to commit dacoity in the house of Subhash. The said information was entered in Rojnamcha sanha and the entire staff of the police was called. They were informed about the information and the rifle and ammunitions were given to them. The entire police force was divided into two parts. Party No.1 was being led by Atmaram Sharma Incharge Insp