ORDER

Both the parties are heard finally.

2. This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant being aggrieved by the impugned judgment dated 9.1.2007 passed by Special Judge, Datia in Special Case No.31/2004 whereby the appellant has been convicted for the offence under Section 392 of IPC r/w Section 13 of MPDVPK Act and Section 25(1)(1-B)(A) of Arms Act and sentenced four years RI with fine of Rs.2000/-, one year RI with fine of Rs.2000/- with usual default stipulations.

3. As per prosecution story, on 22.5.2004 at about 4:00 PM the complainant Komal Singh was going on cycle towards his village Saliyapar with his 12 bore gun, near Kapali Ashram two unknown persons came on Boxer Motorcycle and hit the bicycle due to which complainant fell down. Both the persons rushed to the complainant and looted his gun along with four cartridges and threatened him with a 12 bore katta. Complainant lodged an FIR at Police Station Civil Line, Datia. During investigation, a katta has been recovered from the possession of the present appellant. After completion of investigation charge sheet has been filed against accused persons.

4. The Trial Court has framed the charges