Hon’ble Dharam Veer, J.

Both the appeals have been filed against the common judgment and order dated 20.02.1987 and the appellants of both the appeals are also related to the same incident, hence, both the appeals are being disposed of by this common judgment and order.

2. Both these appeals preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed by the appellants against one judgment and order dated 20.02.1987 passed by Additional Sessions judge, Dehradun in Session Trial No. 21 of 1986, State Vs. Ganga Prasad alias Titu and others, whereby the learned Additional Sessions Judge, Dehradun has convicted the appellant Ganga Prasad alias Titu u/s 363, 366 and 376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo R.I. for five years u/s 363 IPC, 5 years u/s 366 IPC and 7 years u/s 376 IPC. Appellants Mohan Lal and Renu Tyagi were convicted u/s 363 and 366 IPC and each of them was sentenced to undergo R.I. for 5 years u/s 363 IPC and 5 years u/s 366 IPC. The sentences of all the appellants were directed to run concurrently.

3. In brief, the prosecution story is that on 24