Prakash Chandra Jaiswal, J.

Heard learned counsel for the appellants, learned counsel for the informant and learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction dated 09.09.2013 and order of sentence dated 11.09.2013 passed by Adhoc Additional District and Sessions Judge-IV, Madhepura in Sessions Trial No. 169 of 1999 arising out of Dhailadh (Madhepura) P.S. Case No. 48 of 1991, whereby the learned trial court acquitted the accused Shambhu Chaudhary, Nago Yadav, Matar Yadav, Jagdish Yadav, Jakshan Yadav and Ishwar Yadav while convicted the accused Nageshwar Yadav, Khushar Yadav, Deep Narayan Yadav, Satto Yadav, Dharichchan Yadav and Dinehs Yadav under Sections 395 and 397 of the Indian Penal Code and sentenced them to undergo R.I. for seven years under Section 395 of the Indian Penal Code and also sentenced them to undergo R.I. for seven years under Section 397 of the Indian Penal Code. All the sentences were directed to run concurrently.

3. Factual matrix of the case is that Dhailadh (Madhepura) P.S. Case No. 48 of 1991 was instituted under Sections 395 and 397 of the Indian Penal Code aga