( 1 ) BY this appeal under Section 374 (2) of the Cr. P. C. accused/ appellants namely Randhir, Devdas, Roop singh and Rajesh have questioned the legality of the judgment of conviction and order of sentence dated 28-8-1999 passed by the learned 2nd Additional Sessions judge, Raipur in Sessions Trial No. 416/ 94 whereby learned Additional Sessions judge after holding each of the accused/appellants guilty for commission of offence under Sections 396 and 324 read with Section 34 of the I. P. C. , sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, in default of payment of fine to further undergo R. I. for one year each, and to undergo R. I. for 3 years respectively. It was further directed that both the sentences shall run concurrently. The accused/appellants are in detention since 1-7-1994 thereby they are in detention round about more than 11 years 6 months.

( 2 ) THE case of the prosecution, as per the Dehati Nalishi (Ex-P/19) lodged by Kishorilal PW.-22 in the police station abhanpur, in brief, necessary for the disposal of this appeal is that in the intervening night of 13th/14th June 1994 kisorilal (PW-22) and his family member