Appellant has preferred this appeal against the judgment dated 2nd December, 1998 passed by Additional Session Judge, Pichhore, District Shivpuri in Sessions Trial No. 131/1994 convicting the appellant under sections 307 IPC, 25 (1) and 27 (2) of Indian Arms Act and sentencing him to rigorous imprisonment for 7 years with fine of Rs. 500/- (Five hundred only), RI for 5 years and RI for 7 years respectively, on each count. Sentences are directed to run concurrently.

Prosecution case in nut shell is that on 12.2.1994 Station Officer, Bhonti namely J.R. Jumnani received information that dacoit Raghuveer Yadav and his associates were hiding near a well situated between village Parma and Kundalpur. On this information when searching operation was done, bandits disappeared under the spell of darkness at the night. On 13.2.1994 an information was received that one bandit was still hiding there, then police force along with some people of village reached at the spot and put a seize. It is said that bandit on seeing the police party fired Katta over the police party though no body was injured. He was apprehended at the spot then he disclosed his name to police. 315 Bore Katta a