Judgment

Dr. ARIJIT PASAYAT, J.—

1.Both these appeals are directed against the common judgment of a learned Single Judge of the Madhya Pradesh High Court, Jabalpur Bench, dismissing the appeal filed by the appellants, challenging their conviction for offences punishable under Sections 392 and 397 of the Indian Penal Code, 1860 (in short the IPC) in terms of the order passed by the learned Third Additional Sessions Judge, Sagar. On each count the appellants were directed to undergo 7 years rigorous imprisonment with fine of Rs.500/-.

2.Background facts in a nutshell are as follows :

On 2nd June 1986 the accused persons had entered the shop of Babulal (PW-1) while he was in the process of closing. One shutter was already put and one shutter was still to be put. They entered the shop at about 9.15 p.m. and asked for a sum of Rs.1001/- from the injured Babulal and asked him the reason why he had offered only two “Ilachis” when the three persons had come to the shop the previous day. At the relevant time injured Babulal and his brother Munnalal (PW 4) were present and they were settling the account. Babulal was having Rs.400/- in his hands. Ramsahay and Niranjan asked to hand over Rs.1000/-