Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 7.12.2000 passed by the II Additional Sessions Judge, Raigarh in ST No.123/1995 convicting the appellant under Sections 395 & 397 of IPC and sentencing him to undergo imprisonment for life, pay a fine of Rs.500/- and RI for seven years with default stipulation respectively.

2. Brief facts of the case are that in the night intervening 11/12.11.1993 about 6-8 unknown persons entered the house of PW-1 Kursoram duly armed with weapons like club and axe, and after causing injuries to about 11 persons, committed dacoity of various articles including gold and silver ornaments as well as cash of Rs.15000/-. On 12.11.1993 FIR (Ex.P/1) was lodged by PW-1 against 6-8 unknown persons under Sections 395 & 397 of IPC. Accused Ghanshyam Joshi, Ghanshyam Kabootara (present appellant) and Dara Das were arrested on 15.11.1993 and their memorandum statements were recorded. Memorandum of the appellant Ghanshyam Kabootara is Ex.P/4, based on which certain gold and silver ornaments were seized vide Ex.P/7. Recovery of certain articles has also been made on the memorandum of other accused person