(1.) Criminal appeal Nos. 2453/2005 and 1426/2011 arise out of the same incident and, therefore, heard and decided concomitantly.
(2.) These two appeals arise out of judgment dated 06.10.2005 passed by Second Additional Sessions Judge, Katni in S.T. No.95/2004, whereby the appellants have been found guilty for the offence under Sections 396 and 460 of the Indian Penal Code and have been sentenced to life imprisonment (two counts) and fine of Rs.500/- for each offence with a stipulation for two months simple imprisonment in case of default.
(3.) The case of prosecution is that in the intervening night of 25-26.10.2003, at around 3.30 A.M., the accused persons committed the House trespass and dacoity at the house of Surendra @ Shyam Sachdeva (P.W.-3) and in the course of such dacoity, cause death of one Sajan Sachdeva and injured Meena Sachdeva (P.W.-2), Surendra @ Shyam Sachdeva (P.W.-3) and Lakki Sachdeva and also looted cash and ornaments.
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