Anant Kumar, J.

Both these appeals are connected with each other and arise out of the same judgment and order and as such, they are disposed of by a common judgment.

2. Criminal Appeal No. 4149 of 2007 under Section 374 (2) of the Code of Criminal Procedure has been filed by Satyabrat Rai whereas Criminal Appeal No. 5206 of 2007 has been filed by Rajeev Kumar Tiwari alias Babloo. These criminal appeals have been filed against the judgment and order dated 16.6.2007 passed by Additional District and Sessions Judge, Court No. 10, Gorakhpur in Sessions Trial No. 142 of 1998, State vs. Satyabrat Rai and others by which the appellants have been convicted and sentenced under Section 302 read with section 34 IPC to undergo imprisonment for life and a fine of Rs.25,000/- has been imposed. They have been further convicted and sentenced under Section 452 IPC to undergo rigorous imprisonment for 3 years and a fine of Rs.2000/- has been imposed. In default of payment of fine, further two years additional imprisonment has been imposed. However, the the accused persons have been acquitted under Section 506 IPC.

3. On 21.6.1997 at 22: 50 P.M., complainant Mata Prasad Dwivedi had submitted a w