This judgement will dispose of Criminal Appeal No.854/2012 and

Criminal Appeal No.819/2012, which are arising out of the common

judgement dated 06.07.2012. On the joint request of the parties, these

appeals were analogously heard and decided by this common judgement.

2.

Both the appellants/accused have filed these appeals under Section

374 of the Code of Criminal Procedure (hereinafter referred to as “the

Cr.P.C.”) being aggrieved by the judgement dated 06.07.2012 passed by

the Sessions Judge, Rajgarh in S.T. No.165/2011, whereby learned Trial

Court, has convicted and sentenced the appellants as under :-

3

S.

No.

Conviction

Sentence

Imprisonment

Fine

amount

Additional

imprisonment

in default of

payment of fine

Appellant – Adityaraj Singh

1

302 of IPC

Life

imprisonment

Rs.20,000/- RI for 03 years

2

25 (1B)(a) of

Arms Act

RI for 03 years

Rs.5,000/-

RI for 06 months

Appellant – Mahendra Singh

1

324 of IPC

RI for 01 year

Rs.5,000/-

RI for 06 months

3.

Prosecution story, in nutshell is that there was a program of

“Ausar” at the residence of Bhagwan Singh in village Bhopalpura, a day

prior to the date of incident. Yashpal Singh (PW-2), son of Surendra

Singh (PW-1) was serving food in the program. At the same tim