JUDGMENT

FAIZAN UDDIN, J.- Since the two appeals as well as the special leave petition arise out of the common judgment they are being disposed of together. The three appellants, namely, Suraj Pal, Nathi and Puran along with the co-accused Radha Raman, Krishanbir and Pyare were charged and tried under Sections 395/396/397 and 412 of the Indian Penal Code by the Additional Sessions Judge, Gurgaon in Sessions Case No. 1 of 1979 (Sessions Trial No. 7 of 1981). The learned Additional Sessions Judge convicted the three appellants herein as well as the co-accused Radha Raman and Krishanbir under Sections 395/396 read with Section 397 of the IPC and sentenced them to undergo life imprisonment under Sections 396/397 and rigorous imprisonment for 10 years under Sections 395/397 of the Penal Code. They were further convicted under Section 412 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for two years. The co-accused Pyare was acquitted for the offences under Sections 395/396/397 of the Penal Code but he was convicted under Section 412 and as he was found to be a tuberculosis patient he was sentenced to undergo rigorous imprisonment for one year only.