JUDGMENT :

RATNAKER BHENGRA, J.

1. Heard Mr. S.K. Murthy, the learned counsel appearing for the appellants as well as Mr. Sanjay Kumar Srivastava, the learned APP appearing for the State in both cases.

2. These criminal appeals are preferred against the judgment of conviction dated 30.01.2010 and the order of sentence dated 05.02.2010, passed by the learned Additional Sessions Judge, FTC-IX, Giridih in Sessions Trial No. 326 of 2004, whereby and where under, both the appellants were found guilty and convicted under sections 498 (A) and 304(B)/34 of the Indian Penal Code and were sentenced to undergo RI for two years and a fine of Rs. 1000/- each under section 498(A) of the Indian Penal Code and appellants were further sentenced to undergo RI for nine years under Section 304(B)/34 of the Indian Panel Code. In default of payment of fine both the appellants were further sentenced to undergo SI for one month and both the sentences were directed to run concurrently. The sentences already undergone in jail custody were ordered to be set of from the sentence awarded.

3. The prosecution case arose out on the basis of the fardbayan dated 06.11.2001 of the informant PW-9 Dulal Chand Mandal S/o B