S.P. Pathak, J.-This appeal has been directed against the Judgment of conviction and order of sentence dated 18.06.2004 passed by learned Addl. Sessions Judge (Fast Track) No.2, Banswara in Sessions Case No.83/2003 State vs. Babu Bhai, whereby the accused-appellant has been convicted and sentenced as under:-

Under Section 450 IPC Five years’ rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo three months’ simple imprisonment. Under Secection 395 IPC Five years’ rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo three months’ simple imprisonment. Under Section 397 IPC Seven years’ rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo three months’ simple imprisonment. The sentences were ordered to run concurrently.

2. Briefly stated, the prosecution case is that PW.6 Kalu lodged an oral information on 23.05.2003 Exhibit-P/4 in the Police Station, Anandpuri, District Banswara with the averments that on the day of incident he alongwith his family members had gone to attend 12th day ceremony of his mother in village Cheekly-Teja, Tehsil Bagidora, Dist