JUDGMENT

P.X. Misra, J. - The appellant has been convicted under sections 395 and 457, Indian Penal Code, and sentenced to undergo RI for 7 years and to pay a fine of Rs. 1,000/-, in default, to undergo RI. for 6 months under section 3.95 and R.I. for 2 years and fine of Rs. 1,000/-, in default to undergo RI, for 1 year under section 457. Indian' Penal Code, Both the sentences have been directed to run concurrently.

2. The appellant along with five others were tried. 411 the accused except accused Managovinda Swain were charged under sections 395 and 457, whereas accused Managovinda Swain was charged under section 412, 'Indian Penal Code. Except the appellant all other accused persons have been acquitted by the trial court.

3. As per the prosecution case, as revealed from the FIR, there was a dacoity by unknown miscreants in the house ofPW-2 in the night of 25/26-7 1988 and thereafter in the houses of some others of the village. After arrest of the culprits, a T.I. Parade was held on 14-3-1989 where after charge sheet was, submitted.

The plea of the present appellant was one of denial.

4. Relying upon the evidence of P.Ws. 1, 2, 3 and 6, in Court as corroborated by the report in th