JUDGMENT

1. Regard being had to the commonality of the facts and arising out of the same judgment dated 10-11-2017 by the Special Judge, Morena in S.T. No.44/2015. Common judgment has been passed and for convenience sake, facts of Criminal Appeal No. 5845/2017 have been taken.

2. Both these appeals arise out of the judgment dated 10-11-2017 passed by the Special Judge, Morena wherein the appellants have been convicted for the offence under Sections 148, 307/149 of IPC read with Section 11/13 of Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred to as the MPDVPK Act) and Section 25(1-b) (a)/27 of Arms Act and sentenced to 2 years RI with fine of Rs.1,000/-, 7 years RI with fine of Rs.5,000/- and 3 years RI with fine of Rs.1,000/- each respectively with default stipulation.

3. As per the case of the prosecution, the complainant/Sub Inspector Hitendra Singh Rathore, Police Station Saraichhola, District Morena received an information during patrolling on 15-02-2009 that notorious Dacoit Rajendra Gurjar along with his companions namely Samokhan, Jitendra, Surendra, Ramdeen, Ramsewak, Ranajeet, Komar Gurjar, Machal Singh, Karua and Harveer etc. ha