1. Heard learned counsel for the appellants, learned counsel for the respondent and learned Additional Public Prosecutor for the State.

2. Since both these appeals arising out of same judgment have been taken together.

3. Both the appellants stand convicted for the offence under section 353 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year, and period already been served and detention is to be set off.

4. Since in these appeals there is very limited point to determine hence without going in further details, it is pertinent to mention that initially altogether ten persons including the appellants stand charged for the offences under sections 147, 148, 149, 504/149, 324/149, 353/149, 307/149 and 171C/149 of the Indian Penal Code besides Section 27 of the Arms Act. Out of whom one died during trial and remaining nine faced the trial, but seven of them have been acquitted by the trial court on 27th January 2009 in Session Trial No. 207/2004 by learned 3rd Additional Sessions Judge, Fast Track Court, at Sheikhpura, arising out of Barbigha P.S. Case No. 101/2001 corresponding to G.R. No. 287/2001 committed to the court of session on 21st February