Both these two criminal appeals under section 374 of the Code of Criminal Procedure have been filed against the .same judgment and order dated 25-8-2003 passed by learned Sessions Judge, Dehradun in S.T. No. 75/2002 State Vs. Umesh Dimri and others, whereby the Sessions Judge has convicted Umesh Dimri @ Mukesh Dlmri, Surendra @ Chikna & Rakesh @ Raka and sentenced them to undergo RI for five years under section 307 read with section 34 IPC and further to pay fine of Rs. 2000/- each and In default of payment of fine all the convicts shall have to undergo further rigorous Imprisonment for six months each. However, Umesh Dimri @ Mukesh Dimri, Surendra @ Chikna and Rakesh @ Raka were acquitted from the charge under section 504 IPC.

2. Brief facts of the case are that on 5-4-2002 at about 4PM Om Prakash Yadav (PW-l) - an Ice cream seller was coming to his house after selling the ice cream and on the way when he reached near Shiv Mandir, M.D.D.A. Colony, Kedarpuram accused-Umesh Dimri @ Mukesh Dimri, Surendra @ Chikna and Rakesh .@ Raka met him there and they stopped him. Accused persons then demanded money from him for purchasing the liquor. When he refused to give the money