P. V. HARDAS, J.

Criminal Appeal 1330 of 2012 has been filed by original accused No. 3, while Criminal Appeal 1364 of 2012 has been filed by original accused Nos. 4 and 6 who take exception to the judgment of the Ad-hoc Additional Sessions Judge-1, Malegaon, District Nashik dated 5 April 2010 in Sessions Case No. 49 of 2001 convicting and sentencing the Appellants for offence punishable under section 363 read with 34, 396 and sentencing them to suffer rigorous imprisonment for three years and to pay file of Rs. 1,000/- in default of which to undergo further rigorous imprisonment for nine months and imprisonment for life respectively. Since both these Appeals arise from the same judgment, these Appeals are being decided by this common judgment.

2. At the outset it may be stated that original accused No. 5 had filed Criminal Appeal 1212 of 2011 which was allowed by this Court by its judgment dated 3 May 2012. It appears that the present Appellants had not filed any appeal questioning their conviction. Subsequently the present Appeals came to be filed.

3. Facts in brief as are necessary for the decision of this Appeal may therefore briefly be stated thus : On 5 February 2001 at