(1.) As common question of fact and law is involved in both these appeals, they are heard together and disposed of by the common judgment.
(2.) These appeals preferred u/s. 374(2) of the Code of Criminal Procedure, 1973 are directed against judgment dated 28.10.2005 passed by the learned Additional Sessions Judge, F.T.C. No. 3, Valsad in Sessions Case No. 9 of 2004 by which, the learned Judge has convicted both the appellants for the offence punishable u/s. 394 read with Sec. 34 for a period of 7 years R.I. and a fine of Rs. 1,000.00, in default, S.I. for two months, u/s. 397 read with Sec. 34 for 7 years R.I. and fine of Rs. 1,000.00, in default, S.I. for two months and u/s. 398 read with Sec. 34 for 7 years R.I. and fine of Rs. 1,000.00, in default, two months' S.I. It is held by the learned Additional Judge that the sentences shall run concurrently.
(3.) The short facts giving rise to the present appeals are stated hereinbelow.