JUDGMENT

A.K. Pathak, J.—Both the abovenoted appeals arise out of the same incident, FIR and judgment, thus, are being disposed of together.

2. Trial court has convicted the appellants under Sections 392/394 read with Section 34 IPC. Appellant Hori Lal has been convicted under Section 397 IPC also. Appellants have been sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- each and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Section 392 IPC read with Section 34 IPC. Appellant Hori Lal has further been sentenced to undergo rigorous imprisonment for seven years for the offence under Section 397 IPC.

3. Aggrieved by their conviction as also the sentences, as awarded by the trial court, appellants have preferred abovesaid appeals.

4. Prosecution story, as emerges from the record, is that on 12th October, 2005 complainant Babu Lal Mishra S/o Radhy Shyam (PW4) alongwith eyewitness Babu Lal Pal S/o Beche Lal Pal (PW8) was carrying on three bundles of jeans on a cycle-rickshaw from Shastri Park to the factory of their owner, in the evening. At about 8.30 p.m. when they reached near Shahdara Flyover, G.T. R