Hrishikesh Roy, J.

1. Criminal Appeal No: 12 of 1999 is preferred by the two appellants challenging the judgment dated 23-2-1999 in ST (Wt/A) 20 of 1994 rendered by the learned Additional Sessions Judge, West Tripura, Agartala, whereby two accused-appellants have been convicted under Section 396 of the I.P.C. On the basis of the said conviction, the learned trial Court has ordered seven years imprisonment and also a fine of Rs. 2,000/- and in default thereof to suffer further imprisonment for six months to the accused-appellants. Criminal Appeal No. 29 of 1999 is preferred by the State of Tripura against the very same judgment of the learned trial Court seeking enhancement of sentence passed against the two accused convicted under Section 396 of the I.P.C.

2. Oh orders passed by this Court, the two appeals were taken up for hearing together)

3. The case arose out of an incident at 00.30 hrs. (mid-night) on 25-4-1987, when a gang of criminals armed with deadly weapons raided the house of Haricharan Datta of village Gajaria under Bishalgarh Police Station Cash, gold ornaments, utensils etc. were looted by the miscreants and in the process three persons, namely Haricharan Datta a