Kanchan Chakraborty, J.

This two appeals had arisen out of one judgment dated 5th October, 2010 passed by the learned Sessions Judge Dakshin Dinajpur at Balurghat in Sessions Case No.156 of 2009 (S.T.No.81 of 2009) thereby convicting Ujjal Mali @ Baltu (Appellant in C.R.A.691 of 2010) and Biswanath Mondal @ Bega, Shiben Sarkar @ Shibu, Gopal Saha (Appellants In C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. and Narayan Chowhan (one of the appellants in C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. read with Section 25 (i) (a) of the Arms Act and sentencing them to suffer R.I. for seven years each with fine and five years with fine, respectively. Narayan Chowhan was also sentenced for five years more under Section 25 (i) (a) of the Arms Act besides the offence under Section 399/402 of the I.P.C.

The case of the prosecution before the learned Trial Court was that Dharmadeb Chatterjee, Inspector-in-charge of Balurghat Police Station lodged one written F.I.R. suo-moto with his Police Station alleging therein that on 22.1.2007 at 20.05 hours he received source information that a group of miscreants numbering about