The present Criminal Appeals are arising out of a common judgment of conviction and order of sentence. The appellant Chaitu Uraon has preferred Criminal Appeal (S.J.) No. 1063 of 2003 and the appellant Deomohan Singh has preferred Cr. Appeal (S.J.) No. 1193 of 2003, whereby the court below has convicted appellant Chaitu Uraon u/s 412 I.P.C and appellant Deomohan Singh u/s 397/412 I.P.C. By the impugned judgment, the learned Trial Court has acquitted Balku Sao, Chuni Lal Sao, Ropna Sao as well as Chaitu Uraon u/s 397 and all the accused have been acquitted for offence u/s 376 I.P.C. as well as 120(b) I.P.C. The State has not preferred any acquittal appeal against the acquittal of the other accused persons and also against these two appellants Chaitu Uraon and Deomohan Singh. The learned Trial Court found Chaitu Uraon and Deomohan Singh guilty for offence u/s 412 I.P.C. against both the appellants and awarded them to undergo rigorous imprisonment for five years and a fine of Rs. 1000/- in case of default of payment of fine, the appellants shall further undergo S.I. for three months, so far appellant Deomohan Singh is concerned, he has been separately convicted u/s 397 IPC a