1 . The present appeal under Section 374(2)/389 Cr.P.C. has been filed by appellants Hridaya Shankar, Rama Shankar, Rajesh and Subhash against the judgment and order dated 29.01.2007 passed by the learned Additional Sessions Judge, F.T.C. No. 1, Maharajganj in Sessions Trial No. 130 of 2000 (State Vs. Hridaya Shankar and others) whereby the appellant Hridaya Shankar has been convicted and sentenced under Section 457 IPC to three years rigorous imprisonment along with fine of Rs. 500/-, under Section 323 IPC to one year rigorous imprisonment along with fine of Rs. 1,000/- and under Section 506 IPC to two years rigorous imprisonment. The accused Rama Shankar, Rajesh and Subhash are convicted and sentenced under Section 323/34 IPC to one year rigorous imprisonment along with fine of Rs. 500/- to each, under Section 225 IPC to one year rigorous imprisonment along with fine of Rs. 500/- to each. The trial court has ordered the sentences to run concurrently. Further, the benefit of set off under Section 428 Cr.P.C. has been given to the appellants. It is further directed that out of fine as deposited Rs. 500/- each, shall be paid to the injured persons. It is ordered further that in default of payment of fine, the accused Hridaya Shankar shall further undergo one month rigorous imprisonment, accused Rama Shankar, Rajesh and Subhash shall undergo 15 days rigorous imprisonment each.
