(1.) THIS judgment shall govern the disposal of both the appeals
(2.) APPELLANTS have filed these appeals under Section 374 of Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 09-08-05 passed by learned Special Judge (Dacoity), Gwalior in Special Session Trial No.09/2003 whereby the appellants have been convicted for the offence punishable under Section 393 of IPC read with Section 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (for brevity 'MPDVPK Act') and sentenced to undergo 3 years' RI with fine of Rs.500/- each with default stipulation.
(3.) THE moot question for consideration in these appeals is whether learned trial Court is justified in convicting the appellants for the offence mentioned in the impugned judgment.