1. This appeal preferred by the accused-appellants has called in question the soundness of the judgment passed by learned 7th Additional Sessions Judge, Jabalpur in Sessions Trial No.853/93 dated 23.8.1996 and have been convicted for offence punishable under section 394 of IPC and both of them have been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- each, in default of payment of fine, they have to suffer further six months’ imprisonment.

2. Facts which are necessary for disposal of this appeal are mentioned in the first information report which was lodged by complainant Raghunath Singh which reads as under :

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