JUDGMENT :

Sanjay Kumar Pachori, J.

1. The present appeals are filed against the judgment and order passed by Special Judge/Additional Sessions Judge, Ballia, on 28.2.2009 in Sessions Trial No. 51 of 2008 by which the appellants Indrajit Mishra, Sanjit Mishra and Mukesh Tiwari have been convicted for the offences punishable under Section 452, 302 read with section 34 Indian Penal Code (in short “I.P.C.”). The punishment awarded to the appellants for their conviction noticed above is as follows; imprisonment for life with a fine of Rs. 5,000/-each and default sentence of six months under section 302 read with section 34 I.P.C., and five year’s rigorous imprisonment with fine of Rs. 5000/-each and default sentence of six months additional imprisonment under Section 452 I.P.C. The sentences were directed to run concurrently. Since the abovementioned appeals arise from a common judgment of the trial court, it will be proper for us to deal with these appeals in a common judgment.

PROSECUTION CASE

2. The Prosecution case in brief, as could be elicited from the First Information Report (in short FIR) lodged by Smt. Manorama Devi (PW-1) is that Smt. Manorama Devi and her husband Pratap Shankar