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(v) A-4 Surender @ Dheeraj was held individually guilty of the offence under Section 201 IPC and Sections 27/54/59 of the Arms Act.

(vi) A-5 S Raja was held individually guilty of the offences under Sections 395 and 396 of IPC.

(vii) Sombir, Sunil Kumar and Jaideep (A-7, A-8 and A-9 respectively) were held guilty of the offence under Section 120-B read with Sections 412/471/468/201 IPC.

(viii) Amit @ Bunty (A-6) and Sombir (A-7) along with S. Raja (A-5), Srikant @ Appu (A-3) and Rajender Prasad @ Shalu (A-10) were also held guilty of the offences under Section 120-B read with Section 201/412 IPC.

(iii) For the offence under Section 201 IPC to RI for 5 years and fine of Rs.2,000/- and in default of payment of fine to undergo SI for one week.

(iv) For the offence under Section 468 r/w 471 IPC he was sentenced to RI for 5 years and fine of Rs.2,000/- and in default of payment of fine to undergo SI for one week.

(H) A-6:

(i) For the offence under Section 120-B read with Sections 412 and 201 IPC he was sentenced to RI for 5 years.

(ii) For the offence under Section 412 IPC he was sentenced to RI for 5 years and fine of Rs.2,000/- and in default of payment of fine to undergo SI for one week.

58. They point out that A-1, A-2, A-3, A-5 and A-10 were charged with the offences under Section 395, 396 and 302/34 IPC. They were convicted not only for the said offences but for the offences under Section 120B IPC read with Section 201, 395, 396, 397, 412, 467, 468, 471 IPC and under Section 25/27/54/59 IPC.

59. A-7, A-8 and A-9, were not charged with the offence under Section 120B IPC and yet they were convicted for that offence. As far as A-6 along with A-5, A-3 and A-10 are concerned, none of them were charged for the offence under Section 120B read with Section 201 IPC, but were convicted for those offences.

68. Likewise, a separate conviction of A-7, A-8 and A-9 for the offence under Section 201 IPC, with which they were not charged, is also unsustainable. On the same reason, the conviction of A1 for the offences under Sections 412 and 201 IPC; A-2 for the offence under Section 412 IPC; A-3 for the offence under Section 201 IPC; A-4 for the offence under Section 201 IPC are also unsustainable in law. The conviction of A-6 under Section 201 IPC also cannot be sustained in law.