Sham Sunder, J.:-This judgment shall dispose of Crl. Appeal No. 128-SB of 1997 filed by Ismile s/o Rashid, appellant-accused, against the judgment of conviction dated 5.10.1996, and the order of sentence dated 19.10.1996 rendered by the Court of Addl. Sessions Judge, Faridabad, vide which it convicted the accused/appellant Ismile for the offence punishable under Section 364 IPC and sentenced him to undergo rigorous imprisonment for a period of five years, and to pay a fine of Rs.200/- and further sentenced him to undergo RI for a period of four years, and to pay a fine of Rs.100/-, under Section 386 IPC, and in default of payment of fine to further undergo RI for a period of one month, for an amount of Rs.100/- each and Criminal Revision No.404 of 1997 treated suo-motu by the Court for the enhancement-of sentence awarded to the accused by the trial Court, to the maximum. The substantive sentences were ordered to run concurrently.

2. The facts, in brief, are that on 22.2.1994, at about 8.00 A.M., Lakshmi Kant Sahu, left his house, for his shop, in the area of Faridabad leaving behind his wife and son, aged about two years. In the after-noon, a person came to his house, and t