S. M. M. Alam, J.

1. All the three Cr. Appeals have been preferred against the judgment and order of conviction dated 21st August, 2001 passed by Sri S. C. Pandey, 7th Additional Sessions Judge, Gaya, in Sessions Trial No.341 of 1999/322 of 1999 whereby he has been pleased to convict all the above noted five appellants under Sec.396 of the Indian Penal code (hereinafter will be called an IPC ). He has further been pleased to convict appellants Chun Chun Manjhi, Munna manjhi, Anil Rajak and Raju Manjhi under Sec.412 of the IPC also. After convicting all the appellants, he passed order of sentence only under Sec.396 of the IPC and directed all the appellants to undergo RI for life under the said section with fine of rupees one thousand each and in default thereof to undergo further RI for a period of six months. He has not imposed separate sentence under Sec.412 of the Indian Penal Code.

2. The prosecution case as per the fardbeyan of PW 3 Kamdeo Singh son of saho Singh of village Bangareya P. S. Hulasganj, Dist. Jahanabad residing at mohalla Lakhibag, P. S. Muffasil, Dist. Gaya recorded by S. I. Md. Jameel Akhter, officer-in-Charge, of Muffasil P. S. on 12.1.1999 at 2.00 a.