JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard learned counsel for appellants Mr. Arvind Kr. Choudhary as well as learned Additional Public Prosecutor appearing for the State Mrs. Vandana Bharti.

2. Criminal Appeal No. 327 of 2006 is directed against the judgment and order of conviction and sentence dated 28.02.2006 and 03.03.2006 passed by Additional Sessions Judge, Fast Track Court No. II, Deoghar (hereinafter call it as impugned order), whereby and whereunder, the appellants have been convicted for committing offence under Section 363 of the I.P.C. and sentenced to undergo R.I. for five years along with fine of Rs.5000/- each with default stipulation.

3. Against the same judgment, Criminal Revision No. 332 of 2006 has also been preferred by the informant which was admitted for hearing along with Cr. Appeal No. 327 of 2006. In the Criminal Revision, there is prayer for setting aside the impugned judgment and order dated 28.02.2006 to the extent of acquittal of opposite party nos. 2 – 8 and acquittal of present appellants for the offence under Section 366A and 120B of the I.P.C. which has been proved beyond doubt.

FACTUAL MATRIX

4. Factual matrix giving rise to this appeal is that on