JUDGMENT :

HIRDESH, J.

1. This criminal appeal has been filed under Section 374 (2) of Cr.P.C by the appellants being crestfallen by the judgment dated 02.11.2023 passed by the Additional Sessions Judge, Special Court, No. 8 (Electricity Act), Jabalpur in Sessions Trial No. 43/2001, whereby the appellant (Abhishek Raj Ahirwar) has been convicted for offences under Section 307/34 of IPC and Section 25 (1) (B) (B) (two counts) of Arms Act, sentencing him to undergo R.I. for five years with fine of Rs. 2,000/- (two times) and Rs. 4,000/- and Rs. 1,000/- respectively with default stipulations and appellant No. 2 (Ankit Raikwar) has been convicted for offences under Section 307/34 of IPC and Section 25 (1) (B) (B) of Arms Act, sentencing him to undergo R.I. for one year with fine of Rs. 2,000/- (two times) and Rs. 4,000/- and Rs. 1,000/- respectively with default stipulation and observation that both the sentences would run concurrently.

2. Brief facts of the prosecution story, in short, is that on date 07.09.2020 Anshul Kushwaha along with his friend Ansul Sahu at 04:00 pm were going to Yadav Colony by motorcycle to get the photocopies. Ansul Kushwaha was driving the motorcycle. When they