SANJIV KHANNA, J.

1. Vikram (son of Mange Lal) and Gopal, in these connected appeals, impugn common judgment dated 24.2.2000 convicting them under Sections 396 of the Indian Penal Code, 1860 (IPC, for short) for dacoity and murder of Kishan Miglani and Usha Miglani in the intervening night of 15th and 16th September, 1996 at G-85, Vikas Puri, Delhi. The appellants have also been convicted under Section 412 IPC for possessing stolen property. By order on sentence dated 6.3.2000, the two appellants have been sentenced to undergo imprisonment for life for the offence under Section 396 IPC and rigorous imprisonment for a period of seven years for the offence under Section 412 IPC. The punishments would run concurrently and Section 428 of Code of Criminal Procedure, 1973 (Cr. P.C. for short) would apply.

2. The impugned judgment also convicts Rajmal and Bikram (son of Bhagirath), who were similarly sentenced. However, the said Rajmal and Bikram (son of Bhagirath) have expired and the appeals filed by them have abated.

3. The appellants do not dispute that Usha Miglani and Kishan Miglani had suffered homicidal death in the intervening night between 15th and 16th September, 1996