KISHORE KUMAR PRASAD, J. :- This appeal is directed against the judgment and order of conviction dated 13-12-2005 and order of sentence dated 14-12-2005 passed by the learned Additional Sessions Judge, 3rd Court, Suri, Birbhum in connection with Sessions Trial No. 2 of April, 2004 arising out of Sessions Case No. 2 of 1999 by which they were convicted under Section 395 of IPC and were sentenced to suffer eight years rigorous imprisonment and also to pay fine of Rs. 2,000/- each in default of payment of fine to suffer further rigorous imprisonment for two months and were further convicted under Section 412 of IPC and were sentenced to suffer eight years rigorous imprisonment and also to pay fine of Rs. 2,000/- each in default of payment of fine to suffer further rigorous imprisonment for two months.

2. The sentences awarded to them were ordered to run concurrently.

3. The narration of the prosecution case is given in details in the judgment of the learned trial Court and it is not necessary to repeat the same in details here.

4. The case arose out of a dacoity said to have been committed in the house of the complainant Swapan Kr. Mitra (P.W. 1) on the night of 9-2-1997 at abou