S.A. Khan, J. – The seven appellants have been found guilty for an offence under Section 395 of the Indian Penal Code by the Additional Sessions Judge, Supaul in Sessions Trial No. 71/96 arising out of Jadiya P.S. Case No. 32/94 and are convicted to undergo R.I. for 10 years. Appellant No. 7, Bhajan Sharma has further been convicted under Section 412 of the Indian Penal Code to undergo R.I. for 10 years. It was ordered that the sentence passed against Bhajan Sharma, appellant no. 7, shall run concurrently. Appellant Nos. 1 to 4 have remained in custody for about 6 years in this case, appellant no. 5 has remained in custody for 4 months and 4 days, appellant no. 6 has remained in custody for about 3 years and 9 months, whereas, appellant no. 7 has remained in custody for about 2 years, 8 months.

2. The occurrence took place in the night between 8/9 of July, 1994. The First Information Report was recorded at 2.30 hours on 10.7.1994. Later Section 412 of the Indian Penal Code was added on 12.7.1994 and thereafter the trial began. The prosecution case made out in the First Information Report is that the son of Saini Sharma had returned from Punjab. He carried with him a draft