JUDGMENT :

AVNISH SAXENA, J.

1. Heard Sri Mahesh Prasad Yadav, Sri Kamta Prasad, learned counsel appearing for appellant and learned A.G.A. for the State.

2. The present criminal appeal has been preferred by two appellants, namely, Ramphal S/o Sukh Ram and Dhuram S/o Baij Nath, under Section 374 Cr.P.C. as they have been found guilty for offence under Section 395 IPC for which both the accused were directed to undergo rigorous imprisonment for a term of ten years. The accused-appellant Ramphal is further found guilty for offence under Section 397 IPC and sentenced to undergo rigorous imprisonment for three years. For the accused Ramphal, both the sentences were directed to run concurrently. This conviction and sentence has been recorded by the trial court (Special Sessions Judge, Jhansi) by judgment and sentence dated 24.04.1984 in Sessions Trial No. 43 of 1977 ( State Vs. Hindupat and others ), arose out of Case Crime No.10 of 1975 and Case Crime No.11 of 1975 for offences under Sections 395, 397, 307 IPC and Section 25 of Arms Act, respectively, Police Station Garotha, District Jhansi.

3. The prosecution case is such that a police party consisting HC Jayatram A.P., C.A.P. Nathuram, C