SONGKHUPCHUNG SERTO, J.

1. This is an appeal under Section 372(2) of the Criminal Procedure Code, 1973, directed against the judgment and order, dated 25-2-2008, passed by the learned Deputy Commissioner (Judicial), Dimapur, Nagaland, in G.R. Case No. 256/1999, convicting the appellants under Section 372(2) of IPC and sentencing them to undergo rigorous imprisonment for a term of 7 years and fine of Rs. 25,000/- each and in default to undergo further rigorous imprisonment for a period of 1 (one) year. The brief background of the case is as follows;

On 29-5-1999 at about 5:30 p.m. while the appellants were on escort duty of the then Minister of Road & Bridges along with four other personnel of Nagaland Armed Police, namely Shri, Lipok Ao, S.I., Shri. Akaho Sumi, Constable, Shri. Yingphong Konyak, Constable and Shri. Onen Ao, Constable Driver and were proceeding towards the Minister's residence at Dimapur, they came across one Maruti Zen Car bearing Registration No. NL-01-25523 at 6th Mile near Petrol Pump which was driven by one Mr. Michael Mary with two of his friends namely, Mr. Atina Suokhrie and Mr. Pangertemsu Ao in it. While the two vehicles i.e. escort vehicle of the