1. Heard learned counsel for the appellants as well as learned Additional Public Prosecutor.

2. Cr. Appeal (SJ) No.516 of 2002 wherein Ram Ekwal Rai , Ram Naresh Rai , Nathuni Sah , Yugal Rai are appellants while in Cr. Appeal (SJ) No.517 of 2002 wherein Ram Nath Rai is the sole appellant, commonly originate out of judgment of conviction and sentence dated 31-08-2002 delivered by Presiding Officer, FTC-II, Sitamarhi in Sessions Trial No.248 of 1987, 252 of 1987, 92 of 2002 convicting all the appellants for an offence punishable under Section 399, 402 IPC, directing each of them to undergo R.I. for 10 years as well as slapped with fine of Rs.2000/- in default thereof, to undergo S.I. for six months, R.I. for seven years, fine of Rs.2000/- in default thereof, to undergo S.I. for six months, with a further direction to run the sentences concurrently, have preferred these appeals. As such have been heard analogously and are being disposed of by a common judgment.

3. PW-2, Chandra Bhushan, Officer-in-charge of Majorganj P.S. filed written report on 17-01-1983 divulging the fact that after being informed confidentially regarding assemblage of dacoits under the leadership of renow