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 reached Ranital near Allahabad Bank, then appellants called Anshul Kushwaha by name and his friend and they stopped the motorcycle and then appellant Abhishek Raj Ahirwar stated why he is abusing. When Ashul Kushwaha denied that he has not abused then Abhishek Raj Ahirwar assaulted with knife with intention to kill him. He assaulted Anshul Kushwaha on right side of the neck with knife. When PW-2 (Ansul Sahu) tried to save PW-1 (Anshul Kushwaha) then Abhishek Raj Ahirwar assaulted PW-2 (Anshul Sahu) with intention to kill with knife on his head, face and back of Anshul Sahu. On screaming, other persons present on spot came there. Then accused persons fled away from the spot and injured person were taken to Victoria Hospital at Jabalpur. Thereafter, police by following due process arrested the accused persons and registered the case against appellants. After necessary investigation, charge sheet has been filed by police against the appellants under Section 307/34 of IPC and Section 25 of the Arms act.

3. In turn, the case was committed to the Court of Sessions. Thereafter, appellants were charged for the offence under Section 307/34 and Section 25 of the Arms Act.

4. The appellants abjured their guilt and submitted that they have been falsely implicated in the present crime and prayed for trial.

5. In support of prosecution case, the prosecution examined seven witnesses, namely, PW-1 injured (Anshul Kushwaha), PW-2 injured (Ansul Sahu), PW-3 (Ayush Khatik), PW-4 (Dr. Somya Saini), PW-5 (Anil Mishra - Sub Inspector), PW-6 (Dr. Arsha Rai), and (PW-7 Ram Prasad Maravi). No witnesses has been examined by the appellants in their defence.

6. Learned trial Court on appreciation of the evidence and argument advanced by the parties pronounced the judgment on 02.11.2023 by concluding the case and convicted the appellants for commission of the said offence and sentenced them as hereinabove.

7. Learned counsel for the appellants submitted that trial Court has not considered the material evidence available on record and committed grave error of law in not considering the material contradiction and omission in the statement of prosecution witnesses. He further submitted that doctor PW-4 (Somya Saini) and PW-6 (Dr. Arsha Rai) in their statements before the trial court clearly stated that injuries so received by the injured are not dangerous to life. He further submitted that appellants are young and having no criminal antecedents and facing trial. He further submitted that trial Court ignored that the both injured persons have entered into compromise with appellants on 29.08.2023. He further submitted that offence against the appellants is not covered under Section 307 of IPC and hence, prayed for acquittal.

8. Learned counsel for appellants further submitted that the sei