Both these appeals, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), are directed against the common judgment and order dated 29.8.2002 passed by the Additional Sessions Judge/FTC, Kashipur, Udham Singh Nagar in Sessions Trial No. 350A/2001, State v. Surendra Singh and Sessions Trial No. 350/2001, State v. Bahadur Nath & Ors., whereby the learned Additional Sessions Judge/FTC has convicted all the appellants-accused, viz., Surendra Singh, Bahadur Nath, Zafar Ali and Layik Ahmed @ Don under Section 379 and 411 of Indian Penal Code, 1860 (for short, I.P.C.) and sentenced each of them to undergo one year’s R.I. under Section 411 I.P.C. All the appellants-accused were acquitted of the charges framed against them under Section 307 I.P.C. and Section 26 of the Indian Forest Act. Since both these appeals arise out of the common impugned judgment and order dated 29.8.2002 involving common and interrelated facts, hence they are being decided by this common judgment.

2. In brief, the prosecution case is that on 23.5.2001 at around 4:20 A.M. Station Officer Rakesh Chandra Thapliyal along with S.I. Rajveer Singh, S.I.