Kailash Prasad Deo, J. - (1.) All the aforesaid three criminal appeals arising out of common impugned judgment of conviction and order of sentence, are being heard together and disposed of, by this common judgment.
(2.) Heard, learned counsel for the appellants, Mr. Ananda Kumar Sinha assisted by Mr. Sanjay Kumar Sinha, Advocates in Cr. Appeal(SJ) No. 524 of 2005, Mr. Indrajit Sinha assisted by Mr. Ajay Sah in Cr. Appeal(SJ) No. 660 of 2005 and Ms. Madhulika Dasgupta in Cr. Appeal(SJ) No. 631 of 2005 and learned counsel for the State, Mr. Bijay Gupta, learned Additional Public Prosecutor appearing for the State, in Cr. Appeal (SJ) No. 660 of 2005, Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor appearing for the State in Cr. Appeal (SJ) No. 631 of 2005 , Mr. Ram Prakash Singh, learned Additional Public Prosecutor appearing for the State, in Cr. Appeal (SJ) No. 524 of 2005.
(3.) All the three instant Criminal Appeals have been preferred against a common judgment of conviction and order of sentence, both, dated 23.03.2005, passed by learned Additional Sessions Judge 3rd , Dhanbad, in Sessions Trial Case No. 84 of 2004, whereby the appellants namely Kanchan Bagchi @ Kanchan Kumar Bagchi, Md. Shahnawaz @ Dablu, Mukhiya Saw and Sujeet Kumar Singh have been convicted by the learned trial Court for offence committed and punishable under Section 394 of the Indian Penal Code and awarded rigorous imprisonment for five years and they are also sentenced to pay a fine of Rs.1000/- each and in default of payment of fine they are further sentenced to undergo simple imprisonment for three months. The accused person Sahnawaz @ Dablu has been acquitted of the charge under Section 412 of the Indian Penal Code. Anil Sao and Raju Pandey have been acquitted by the learned trial Court, by the same impugned judgment.;