1. 1. CRIMINAL Appeal No.492-SB of 1993 i will be deciding Criminal Appeal No.492-SB of 1993 and criminal Appeal No.494-SB of 1993 by a common judgment, as they arise out of the same judgment/order dated 9.11.1993 of the Additional Sessions judge, Panipat. The learned trial Court convicted Iqbal Singh son of gurbachan Singh and Gulaba son of Dalip Singh under Sections 458/394/397 IPC and sentenced them to undergo RI for seven years and to pay a fine of Rs.1,000/- each, under Sections 394/397 IPC, in default to further undergo RI for six months. Appellants/accused were also sentenced to undergo R. I. for five years and to pay a fine of Rs.500/- under section 458 IPC, in default to further undergo R. I. for six months. Sentences were ordered to run concurrently.

2. Criminal Appeal No.492-SB of 1993 the case of the prosecution is that on the intervening night of 19/20.5.1989, Rajesh Kumar along with his younger brother was sleeping on the roof of their house and their parents were sleeping in the street in front of the house. At about 1.00/2.00 a. m. Rajesh Kumar heard the dogs barking. He noticed that four persons were coming towards their house. Accused then caught hold of J