(1.) This common judgment shall govern the disposal of the aforementioned appeals, as having arisen out of the same sessions trial, they are interconnected.
(2.) These appeals have been preferred under Section 374(2) of the Code of Criminal Procedure (for short "the Code"), being aggrieved with the judgment dated 30.09.2008 passed by the Special Judge (under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act")), Narsinghpur in Special Case No. 39/2007, whereby the appellants have been convicted under Section 450 and 397 of the Indian Penal Code (for short "the IPC") and sentenced to undergo R.I. for 2 years with fine stipulation and R.I. for seven years with fine stipulation, respectively.
(3.) Prosecution case, in brief, is that on 11/3/2007, between 8 to 9 p.m., appellants not only abused Kalabai, a member of scheduled caste, but also trespassed into her house and while committing loot, caused grievous injury on her right leg with a Rod and threatened to kill her in case she reported the incident. On 12/03/07 FIR was lodged against the appellants at police Station Themi and after investigation, charge-sheet was filed.