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 rigorous imprisonment for ten years and to pay fine of Rs.1000/-.

The case of the prosecution is that on 27.2.2004 while the informant Jhari Lal Soni (P.W.2) was returning his house from Sini Market along with his brother Ravindra Nath Soni (P.W.3) on a Motor Cycle driven by his brother and reached at about 9.15 p.m. near Krishnapur Nala, they were accosted by five persons in the way. Of them, two were holding firearms, who asked them to stop but Ravindra Nath Soni (P.W.3) instead of stopping accelerated the speed of the Motor Cycle but in the meantime, one of them fired shot which hit on the wrist of the left hand of Ravindra Nath Soni (P.W.3), as a result of which they fell down from the Motor Cycle and then again tried to flee from there but at the same time another miscreant fired shot which hit on the left hand of Ravindra Nath Soni (P.W.3). In spite of that, they fled towards village by raising alarm. On hearing alarm, villagers by the time came over there the miscreants fled away by taking the Motor Cycle. When the villagers assembled, they rushed in the same direction in which accused persons had fled and after going to some distance, they found the Motor Cycle lying behind the bush which was recovered. Thereafter the injured Ravindra Nath Soni (P.W.3) was taken to Seraikella Sub-Divisional Hospital where Officer-in-Charge of Seraikella Police Station came at about 1 a.m. in the night and recorded Fardbeyan (Ext.1) of Jhari Lal Soni (P.W.2) wherein he stated that he could identify two miscreants, namely, Sumanto Tanti and Mano Sardar. Upon which a case was registered and the investigation was taken by Narayan Das (P.W.8), who received information at about 2.45 a.m. while coming to the place of occurrence that miscreants have assembled in the house of Mano Sardar. Accordingly, he along with other police officials raided the house of Mano Sardar where they found four persons to whom the informant Jhari Lal Soni (P.W.2) who had also accompanied them identified them as the culprits, who had committed offence and the miscreants disclosed their name as Mano Sardar, Sushen Kaiberta, Laltu Sardar and Gandhi Modi. On personal search being made, Sushen Kaiberta was found in possession of a loaded pistol which was seized under seizure list. Thereafter all the apprehended persons confessed their guilt which were reduced in writing.

In course of investigation, the injured Ravindra Nath Soni (P.W.3) on being admitted to Seraikella Sub-Divisional Hospital was examined by Dr.Viva Soren (P.W.7), who found gunshot injuries over the left forearm and palm. The said injury report has been proved as Ext.4.

It appears that the injured on being referred to TMH for further treatment was examined by Dr.Nitya Nand Jha (P.W.6), who also found the gunshot injuries on the left