( 1 ) THESE two appeals have been preferred against the judgment of conviction and order of sentence passed by trial court convicting appellants under Ss. 460/ 34 and 397/34, I. P. C. Apart from the said conviction, appellants have been further convicted under Ss. 323/34, I. P. C. Both the appellants have been sentenced to 7 years rigorous imprisonment under Ss. 460/34, i. P. C. as well as under Ss. 397/34, I. P. C. Apart from these sentences, both the appellants have been sentenced for one year R. I. under Ss. 323/34, I. P. C.

( 2 ) IN brief the case of prosecution is that in the locality of civil line of Panna, Dr. Hemant Sinha and Dr. Veena Sinha are having a hospital-cum-residential building. In the night of 28-6-2001 (2. 30 a. m.) P. D. S. Bundela Station Officer In-charge was patrolling in the city, at that juncture he heard the hue and cry coming from the house of dr. Hemant Sinha, as a result of which he entered in the house to enquire the matter, where Dehati Nalishi (Ex. P-7) was lodged by Dr. Hemant Sinha that he heard some whisper, as a result of which he woke up and noticed that some person is inside his house, he was under impression that person may be his son Tanmay,

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