B.N. CHATURVEDI, J. :- These appeals arise out of a judgment of conviction dated 20th July, 2004 under Sections 392/394/ 302/34, IPC and Section 411, IPC in FIR No. 390/2001 PS Mangol Puri, Delhi and sentence of imprisonment and fine to respective respondents by an order dated 24th July, 2004 as under :

(1) three years RI and a fine of Rs. 1000/-each and in default of payment of fine SI for one month under Section 392/34, IPC;

(2) RI for four years and a fine of Rs. 1,000/- each and in default of payment of fine SI for one month under Section 394/ 34, IPC;

(3) imprisonment for life and a fine of Rs. 1,000/- each and in default of payment of fine SI for one month under Section 302/ 34, IPC; and

(4) RI for three years and a fine of Rs. 1,000/- and in default SI for one month under Section 411, IPC.

2. The substantive sentences of imprisonment under different heads are to run cuncurrently.

3. The appellants together with three others were prosecuted on the allegations of committing dacoity and murder of one Raju at House No. G-394 Mangol Puri, Delhi on the intervening night of 11/12th of May, 2001. Appellant Sanjay alias Moni was apprehended by Constable Bodh Raj Singh and Constabl