N. SATHISH KUMAR, J.

1. This criminal appeal is preferred against the conviction and sentence passed by the learned Principal Assistant Sessions Judge, Thanjavur, in S.C.No.92 of 2007, dated 21.08.2007, in and by which, the Trial Court has convicted the accused as follows:

(i) under Section 457 IPC read with Section 34 IPC and sentenced them each to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, with the default sentence of one year rigorous imprisonment; and

(ii) under Section 397 IPC read with Section 34 IPC and sentenced them each to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-, with the default sentence of one year rigorous imprisonment. Both the sentence of imprisonment was ordered to run concurrently.

2. The brief facts of the case, in nutshell, are as follows:

2.1. PW1, namely, Shanthi, is the sister-in-law of PW2. PW4 is the sister of PW1 and wife of PW2. PW2 and PW3 are brothers. PW1, after the demise of her husband, used to reside in the house of her sister, namely, PW4. On 13.01.2007, PW4 went to some other place. Therefore, PW1 and PW2 were residing in the house. They went to sleep, without locking the