( 1 ) BY these two Criminal Appeals filed under Section 374 (2) of the Code of Criminal Procedure ( the Code for short), the appellant of both these appeals ( the accused for short) have challenged the judgment and order dated 25. 5. 2004 rendered in Sessions Case No. 57 of 1999 by the learned Additional Sessions Judge (2nd Fast Track Court), Surat, by which both the accused have been convicted for the offences under Sections 302, 364, 394, 397, 398 and 201 read with Section 34 of the Indian Penal Code ( ipc for short) and each of them has been sentenced to the following terms:

S. No Term of sentence Section 1. Imprisonment for life and fine of Rs. 5,000/- i. d. , RI for one year 302/34 2. R. I. for five years and fine of RS. 2,000/- i. d. , RI for three months 364/34 3. R. I. for ten years and fine of Rs. 2,000/- i. d. , RI for three months 394,397,398/34

4. R. I. for three years and fine of RS. 1,000/- i. d. RI for one year It is also ordered that all the above sentences shall run concurrently.

201/34

( 2 ) THE prosecution version, as unfolded during the trial, is as follows:

2. 1. On 3. 6. 1998, Noormohamad Pir Mohamad Shaikh has lodged one missing entry bei