JUDGMENT :

Suresh Kumar Gupta, J.

1. The appellant-accused have preferred Criminal Appeal No. 43/2006 under Section 374 (2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 22.11.2005 passed by Sri Ram Preet Dwivedi Additional Sessions Judge, Fast Track Court, Court no. 2, Meerut in Sessions Trial No. 1105 of 2005 in State of U.P. Vs. Vinod alias Julphi and others. Trial Court convicted accused-appellants Vijay, Sunil, Vinod @ Julfi under Section 396 I.P.C. for life imprisonment and fine of Rs. 1,000/-each in default simple imprisonment for one month, under Section 412, seven years rigorous imprisonment and fine of Rs. 1,000/-each in default one month simple imprisonment with the stipulation that all sentences shall run concurrently.

2. The incident is of May 2002 and decision of trial court is rendered on the appeal was preferred in 2006 and the accused are in jail since June, 2002.

3. Brief facts as culled out from record of this case are