ABHAY M. THIPSAY, J.

1. These two Appeals can be conveniently disposed of by this common judgment, as both arise out of one and the same judgment i.e. judgment and order dated 26th July 2004 delivered by the Additional Sessions Judge at Bombay in Sessions Case No. 1505/99.

2. The appellants in Criminal Appeal No. 923/04 were the accused nos. 2 and 10, respectively, in the said case, while the appellant No. 1 in Criminal Appeal No. 1024/04 was a witness (P.W.8) therein.

3. The circumstances giving rise to these Appeals and the facts necessary to understand the controversy are as under:-

On 6th July 1994, a dacoity took place and cash of Rs. 12,63,100/- belonging to Killburn Engineering Ltd. (respondent No. 6 in Criminal Appeal No. 923/04 and respondent No. 4 in Criminal Appeal No. 1024/04) was robbed from the possession of its employees. On the First Information Report lodged by one of the employees, investigation commenced. In the course of investigation, cash of Rs. 7,07,805/- was seized by the police claiming it to be a part of the robbed property. Though the Investigating Agency