JUDGMENT :

Ramesh Chand Malviya, J.

Heard Mr. Mahendra Thakur assisted by Mr. Shashi Bhusan Pandey for the appellant in Cr. Appeal (SJ) No. 621 of 2008, Mr. Sangeet Deokuliar learned counsel for the appellant in Cr. Appeal (SJ) No. 687 of 2008 and Mr. Mukeshwar Dayal learned APP for the State.

2. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the judgment of conviction dated 19.05.2008 and order of sentence dated 31.05.2008 passed in Sessions Trial Case No. 763 of 2006 arising out of Banjaria P.S. Case No. 49 of 2005 dated 10.01.2005 passed by the learned Additional District and Sessions Judge (FTC)-I, Motihari, whereby and where-under the appellants have been convicted for the offence punishable under Sections 363 and 364/34 of Indian Penal Code (hereinafter referred as ‘IPC’) and have been sentenced to undergo rigorous imprisonment for ten years under Sections 364/34 of the IPC and fine of Rs. 5000 and in default of payment of fine, further simple imprisonment for 1 year.

3. As per the fardbeyan of the informant, on 09.01.2005 at 9:50 PM to the police alleging that on the same day at about 7.00