Mrs. K. Hema, J.

Appellants are accused nos.1 and 2 in a Sessions Case. They were tried along with accused Nos. 3 to 7 by the Additional Sessions Court for offences under Sections 8 and 55 (g) of Abkari Act and sections 143, 147, 148, 506, 353 and 149 of Indian Penal Code ('IPC' for short). After the trial, accused nos.1 and 2 alone were convicted for offences under Sections 143, 148, 353 and 506 of Indian Penal Code.

2. The appellants were also sentenced to undergo rigorous imprisonment for 3 (three) months under Section 143 I.P.C., rigorous imprisonment for 1 (one) year under 148 IPC, rigorous imprisonment for 1 year and a fine of Rs.2,000/- (Two thousand only) each under Section 353 I.P.C. and rigorous imprisonment for 1 year under Section 506 I.P.C. Substantive sentence of imprisonment was ordered to run concurrently and in default of payment of fine, accused was sentenced to undergo rigorous imprisonment for a further period of two months. Set off was also allowed.

3. According to prosecution, on 26.5.1998, while PW1, the Excise Inspector, attached to the Haripad Excise Circle Office was on patrol duty along with PW2, the Excise Guard and others, they found a tin contai