JUDGMENT :

SHAILENDRA SINGH, J.

1. Learned counsel Mr. Amarnath Jha, appearing for the appellants and learned APP Mr. A.M.P. Mehta, for the State are present and they are heard on the merit of this appeal.

2. The present appeal has been filed against the judgment of conviction dated 29.10.2018 and order of sentence dated 31.10.2018 passed by the Court of learned Presiding Officer, Fast Track Court-1, Purnea, in connection with Sessions Trial Case No. 633 of 2006, CIS No. 3612/13, T.R. No. 23/17 arising out of Barhara P.S. Case No. 84 of 2005, whereby and whereunder the appellant No. 1 has been convicted and sentenced for the offence punishable under Section 395 read with Section 120B of the Indian Penal Code (hereinafter referred to as “IPC”) and the appellant No. 2 and 3 have been convicted for the offences punishable under Sections 395, 397 and 120B of IPC and sentenced for the said offences.

3. The prosecution’s case in brief is that:-In the midnight of 30.09.2005, it was noticed by the informant that one person had jumped into the courtyard of his house and thereafter, the said person asked his old mother to hand over the key of the main gate and at that time the said person convin