Aditya Kumar Trivedi, J.

None appears on behalf of appellants, on account thereof, Sri Baban Ray, learned counsel has been requested to assist the Court as an Amicus Curiae.

2. Appellants Shankar Singh, Jagropan Singh, Prabhu Singh, Mahendra Singh, Bhorik Singh, Lorik Singh, Hari Singh, Shiv Parsan Singh @ Shiv Prasan Singh, Jamuna Singh and Ram Bilas Singh have been found guilty for an offence punishable under Section 379 of the I.P.C. and each one has been sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo R.I. for six months, additionally, under Section 504 of the I.P.C. and sentenced to undergo R.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 21.01.2009 passed by the Additional Sessions Judge, Fast Track Court No.1st, Kaimur at Bhabua in Sessions Trial No.156 of 2005.

3. Somaru Singh (PW-5) filed written report on 19.11.2001, divulging the fact that his land lies half kilometer away from his village-Semara, which has been settled by the D.C.L.R., Bhabua bearing Khata No.143, Khesra No.769, area four acre and Pl