( 1 ) BOTH the appeals are directed against the judgment and order of conviction dated 15. 12. 1992 passed by the learned Special judge, 1 st Special Court, Midnapore in Sessions Trial No. 2/96 thereby sentencing the accused appellants Ramendra Prasad Mukherjee (appellant of CRA No. 59/92) to suffer Rigorous Imprisonment of 7 years for offence under section 409 of the Indian Penal Code (in short IPC)and to pay a fine of Rs. 3,000/- in default to suffer Rigorous Imprisonment for one year. The said appellant was also sentenced to suffer Rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default to suffer Rigorous Imprisonment for six months for offence under section 420 IPC. The accused appellant Achintya Ranjan Das (appellant of CRA no. 46/92) was sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs. 3,000/- i. d. to suffer Rigorous Imprisonment for one year for offence under sections 409, 420, 109 of IPC He was further sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs. 1,000/- in default to suffer Rigorous Imprisonment for six months for offence under section 420 of IPC Being aggrieved