Pratibha Rani, J. - (1.) These two appeals arise out of the common judgment dated 26th April, 2005 passed in Sessions Case No. 63/2004 whereby out of the five accused persons sent for facing trial, accused Ashok Chauhan and Raju were acquitted and accused Gurdayal (appellant in Crl.A. No. 638/2005), Ghanshyam Gupta (appellant in Crl.A.No. 148/2006) and Nanhe were convicted.
(2.) Vide impugned judgment dated 23rd April, 2005 and order on sentence dated 26th April, 2005 while accused Nanhe was convicted for committing the offence punishable under Section 395 IPC and sentenced to undergo RI for three years with fine of Rs. 500/-, the two accused namely Gurdayal and Ghanshyam Gupta (appellants herein) were convicted for committing the offence punishable under Section 395/397 IPC and sentenced as under:- (i) under section 395 IPC : to undergo RI for three years and fine of Rs. 500/- each and in default of payment of fine, to undergo RI for two months. (ii) under section 397 IPC : to undergo RI for seven years and fine of Rs. 500/- each and in default of payment of fine, to undergo RI for two months.
(3.) Feeling aggrieved by their conviction under Section 395/397 IPC and sentence awarded thereunder, appellants Gurdayal and Ghanshyam Gupta have preferred these two appeals.;