JUDGMENT

This is an appeal against the order of conviction u/s 412 of IPC passed by learned Additional Sessions Judge, 2nd Court Medinipur in Sessions trial No. XVI August, 1984 arising out of GR No. 142 of 1972 sentencing the accused/appellants to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 2000/- in default to suffer rigorous imprisonment for a period of further six months.

In a nutshell the prosecution case is that on 06.02.1972 at about 6/7 p.m. a gang of dacoits raided the house of Kalipada Samanta (P.W. 1) when he was returning along with his sons and daughters (P.W 2 and P.W. 3) to their house from the cow-shed. The dacoits decamped with some household articles and a gun (MAT Exhibit- I) and some cartridges. Hearing hue and cry other persons of the locality came. Later police was informed and FIR was registered.

On suspicion 10 persons including the present appellants were arrested and out of them three persons were identified in the T.I Parade held by a Judicial Magistrate (PW 11).

It is the further case of the prosecution that pursuance to the statement made before S.I Gopal Ghosh by the accused/appellant No. 1 the gun was recovered at the instance o