JUDGMENT :

Since both the aforesaid appeals arise out of one and the same judgment, they are being decided and disposed of by this common judgment.

2. The appellants named above have challenged their conviction under section 393 read with section 397 of the Indian Penal Code and section 25(1-B)A read with section 3 and section 25(1-B)B read with section 4 of the Arms Act and sentence of R.I. for seven years with fine of Rs. 500/- each, in default of payment of fine to suffer additional S.I. for six months each and R.I. for one year and fine of Rs. 200/- each, in default of payment of fine to suffer additional S. I. for two months each respectively, passed by the learned Fourth Additional Sessions Judge, Indore in S.T. No. 30/2005 by judgment dated 29-11-2005.

3. In short, the prosecution case as placed before the trial Court is that on 26-11-2004 in the noon at 1.00 PM near Rajeev Gandhi Square, Ring Road, Piplyarao, Indore, the complainant PW-1 Guruvej Singh was standing near his truck bearing Registration No. MP-09-KD-3028. At that juncture, acquitted co-accused Faim Khan alias Dhanna Tyrewala and the appellants reached there and surrounded the complainant Guruvej Singh. Appellant V