A BABU Vs. STATE

JUDGEMENT

(1.) THE appellant in C. A. No. 1863 of 2002 is A-3 and the appellant in C. A. No. 1816 of 2003 is A-1 in Sessions Case No. 128 of 2002. The appellants in the above two appeals were tried along with three others in the said sessions case. In this judgment, the appellant in C. A. No. 1816 of 2003 and the appellant in C. A. No. 1863 of 2002 will be referred as A-1 and A-3 and the other accused, who were tried along with the appellants, will be referred as A-2, A-4, and A-5 in the same order as they were arrayed before the learned sessions Judge for the sake of convenience. The above two appeals are disposed of by the following common judgment, as they arise out of a single sessions case.

(2.) THE accused, A-1 to A-5 (including the two appellants) were tried under Sections 394, 395 and 395 read with 397 I. P. C. The learned Sessions Judge, while acquitting the fifth accused, convicted A-1 to A-4 and sentenced each one of them to imprisonment for life for the offence under Section 394 I. P. C. and also directed each one of them to pay a fine of Rs. 1,000/- with a default sentence of six months R. I. for the said offence. A-1 to A-4 were also convicted under Section 392 read with 397 I. P. C. , for which, each one of them was sentenced to ten years rigorous imprisonment and also directed to pay a fine of Rs. 1,000/- with a default sentence of six months R. I. By the present appeals, A-1 and A-3 challenge their conviction and sentence.

(3.) THE case of the prosecution is this: p. Ws. 1, 3 and 4 were working as employees in a petrol bunk belonging to Petrol Bunk Lorry and Trailer Owners and Drivers Association at Keerampur village. On the date of incident, P. Ws. 1 and 4 were working as cashiers in the said petrol bunk and P. W. 3 was working in the petrol bunk for filling the tanker lorries with diesel. The normal working hours of the petrol bunk for the employees is 24 hours, i. e. , from 9. 00 a. m. to 9. 00 a. m. and accordingly, on 28. 11. 2000 at 9. 00 a. m. , P. Ws. 1, 3 and 4 came to the petrol bunk in connection with their work.