JUDGMENT

Per G.S. Ahluwalia J.

Cr.A. No.411/2009 has been filed by Gul Singh, Baliram and Som Singh, whereas Cr.A. No.704 of 2010 has been filed by Gorelal and Ramlal.

2. By this common judgment, both the appeals shall be decided finally.

3. Both the Criminal Appeals have been filed against the Judgment and Sentence dated 20-01-2008 passed by Additional Sessions Judge, Burhanpur in S.T. No.66/2008, by which all the appellants have been convicted and sentenced for the following offences :

S.No. Convicted under Section Sentence 1. 396 of IPC Life Imprisonment with fine of Rs. 2000/- in default 6 months R.I.

4. According to the prosecution case, the injured Sunil was with the deceased Jagannath Maharaj. In the night, Sunil and Rohidas went to different rooms on the instructions of Jagannath Maharaj. At that time Gorelal and Ramlal came. Gorelal was having lathi whereas Ramlal was having an axe. Gorelal started assaulting the complainant. When Sunil objected as to why he is being assaulted then, Ramlal insisted that he should take out the money. When they did not get the money, then Ramlal assaulted on the head of Sunil by reverse side of axe. Thereafter, Sunil started shouting thieves, thie