L.P.Singh, J.

1. Both the appellants have been convicted under Ss. 394 and 328 of the Indian Penal Code. They were sentenced to undergo R.I. for 5 years on both counts. However, both the sentences were ordered to run concurrently.

2. The prosecution case, as disclosed from the fard beyan of the informant Kamla Kant Singh, is that on 2.5.88 the informant came to Chapra Railway Station to board train number 67 Up bound for Balia, but he missed the train on the platform. In the meantime, he occupied a bench on the platform and saw 2-3 persons already sitting there and they were gossiping. He learnt from them that they were also going to Balia and they were waiting for arrival of 15 Up train which reported running late by three hours. At that time the informant wanted to have his dinner and expressed his desire to go out of the platform whereupon one of the passengers namely, Satendra Kumar Yadav requested him to purchase a railway ticket and gave the train fare of Rs. 7.00 to the informant. The informant returned to the platform after having his dinner at about 11.30 P.M. and found that the said Satendra Kumar Yadav was sleeping after resting his head on a box and the remainin