Hon’ble Anil Kumar Sharma, J.—Challenge in this appeal is to the judgment and order dated 7.8.2007, passed by Additional Sessions Judge Fast Track Court No. 4, Varanasi in S.T. No. 96 of 2004, whereby appellant Ghan Shyam Seth has been found guilty for the offence punishable under Section 411 IPC and had been sentenced to undergo rigorous imprisonment of one and half years with fine of Rs. 3,000/- with default stipulation. Appellants Sanjay Harijan and Mohd. Sartaz have been convicted under Section 302 and 392 IPC and each has been sentenced to undergo imprisonment for life and fine of Rs. 8,000/- and and seven years R.I. with fine of Rs. 5,000/- respectively with default stipulation. Since both the appeals emanate from common judgment of the learned trial Court, therefore, they have been heard together and are being decided by this judgment.

2. Succinctly stated the facts of the case are that on 29.8.2002 at 8.45 a.m. Salah-uddin son of Akbar Ali r/o Chandupura, P.S. Adampur, District Varanasi submitted his written report in P.S. Adampur, wherein he stated that in the night of 28/29.8.2002, his mother Batulan Bibi aged 80 years, niece Salika Bibi aged 12 years and Saina Bi