JUDGMENT

S.K. Sahoo, J.—The appellants Baikuntha Bhoi and Prasanta Nayak in CRLA No. 21 of 2012, the appellant Bishnu Nayak in CRLA No.504 of 2012 and the appellant Raju @ Rajesh Behera in CRLA No. 719 of 2012 faced trial in the Court of learned Adhoc Addl. Sessions Judge (FTC), Bhubaneswar in Crl. Tr. Case No.47/205/2010 for commission of offence under section 395 of the Indian Penal Code (in short, ‘I.P.C.’) on the accusation that on 13th June, 2010 at about 10.30 p.m. at Palasuni under Mancheswar police station, Bhubaneswar, they committed dacoity in respect of cash amounting to Rs.8,000/-, two numbers of mobiles, one suitcase, etc. of the informant, Bhabani Shankar Nayak (P.W.4).

The learned trial Court vide impugned judgment and order dated 30.11.2011 convicted all the appellants under section 395 of the Indian Penal Code and sentenced each of them to undergo R.I. for five years each and to pay a fine of Rs.3,000/- (rupees three thousand) each, in default, to undergo further R.I. for three months each.

Prosecution Case:

2. The prosecution case, in short, is that on 13.06.2010 at about 10.30 p.m., Bhabani Shankar Nayak (P.W.4), the informant in the case, returned from Bangalore