J U D G M E N T

(Passed on 05/10/2021)

Per Rajeev Kumar Shrivastava, J.:

The instant Criminal Appeal is preferred under Section

374 of CrPC, against the judgment of conviction and sentence dated 28.02.2007 passed by Sixth Additional Sessions Judge, Gwalior in Sessions Trial No. 34/2005, whereby accused/appellants have been convicted under Sections 302 read with Section 34 of IPC, and Section 307 read with Section 34 of IPC, and Section 27 of Arms Act and sentenced to undergo life imprisonment with fine of Rs.20,000/- each for the offence under Section 302 read with Section 34 of IPC, in default of payment of fine, to undergo additional RI for 3-3 years, and for the offence under Section 307 read with 34 of IPC, to undergo 7-7 years RI with fine of Rs.5000/- each, in default of payment of fine, to undergo 3-3 months rigorous imprisonment, and under Section 27 of Arms Act, to undergo 3-3 years RI with fine of Rs.1000/- each, in default of payment of fine, to undergo rigorous imprisonment of 1-1 month. All the sentences were directed to run concurrently.

2. Prosecution story, in short, is that on 08.04.2004 at around 2.00 PM complainant Vinod Tomar had lodged oral report at Hazira Chowki.