This appeal is directed against the judgment of conviction and order of sentence dated 26.02.1999 passed by the then learned Addl. Sessions Judge, Deoghar, in Sessions Case No.121 of 1995 whereby and whereunder the court having found the appellant guilty for the offence punishable under Section 411 of the Indian Penal Code, sentenced him to undergo imprisonment for three years and to pay a fine of Rs.1,000/-and in default of payment of fine, further term of R.I. for two months.

2. The case of the prosecution is that on 20.07.1991 at about 4 a.m. in the morning, the accused persons Yudhisthir Rai, Damodar Rai, Nakul Rai, Basuki Rai, Ghan Shyam Pd. Rai and Naval Singh entered into the house of the informant and by putting him under the threat of life, took away double barrel gun as well as 28 live cartridges and also some jewelries as well as the cash. Thereupon the informant (P.W.7) submitted a written report to that effect, upon which Madhupur P.S. Case No.115 of 1991 was registered under Sections 452, 307, 380, and 411/34 of the Indian Penal Code against the aforesaid persons.

3. After investigation, charge-sheet was submitted against the aforesaid named accused persons und