JUDGMENT - VISHNU SAHAI, J.:---Since both these Criminal Appeals arise out of the same set of facts and a common impugned judgment, we are disposing them off by one judgment.

2. Through these appeals, the appellants challenge the judgment and order dated 1st October, 1997, passed by the Additional Sessions Judge, Greater Mumbai, in the Sessions Case Nos. 80 of 1994 and 834 of 1997 convicting and sentencing them in the manner stated hereinafter:-

Under section 392 read with 34 of I.P.C. to seven years R.I. and to pay a fine of Rs. 500/- in default to suffer further R.I. for three months.

The appellant Devendra Krishna Kalsekar was further convicted under section 397 I.P.C. and sentenced to undergo seven years R.I. and to pay a fine of Rs. 500/- in default to undergo R.I. for three months.

The substantive sentences of the appellant Devendra Krishna Kalsekar were ordered to run concurrently.

3. In short, the prosecution case runs as under :

The informant-victim Rambahadur M. Tiwari, P.W. 1 in the year 1991 was working as a Press Photographer. On 28-9-1991 he left his house located in Shamji Morarji Bldg. C.B. Road, Bombay 10, for Goregaon. He worked in Goregaon till 5.30 p.m.

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