R.R.Prasad, J. Both these appeals arising out of the same impugned judgment were heard together and are being disposed of by this common judgment.

These appeals are directed against the judgment of conviction and order of sentence passed by Additional Sessions Judge-cum-FTC, Seraikella in Sessions Trial No.75 of 2004 whereby and whereunder the appellants Sushen Kaibarta and Sumanto Tanti on being found guilty for an offence under sections 395 and 397 of the Indian Penal Code and also under section 27 of the Arms Act were sentenced to undergo rigorous imprisonment for ten years and seven years respectively for the offence under sections 395 and 397 of the Indian Penal Code. They were also sentenced to pay fine of Rs.1000/-. Further they were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/-for an offence under section 27 of the Arms Act and in default to undergo simple imprisonment for five months. Both the sentences were ordered to run concurrently whereas other appellants, namely, Laltu Sardar, Gandhi Modi and Mano Sardar on being found guilty for an offence under section 395 of the Indian Penal Code were sentenced to undergo rigoro