JUDGMENT :

Heard, Mr. Devesh Krishna, learned counsel for the appellants and Mrs. Niki Sinha, learned Addl. Public Prosecutor appearing for the State.

2. The instant Criminal appeal has been preferred against the Judgment of conviction dated 17.07.2003 and order of sentence dated 21.07.2003, passed by the learned 1st Addl. Sessions Judge, Fast Track Court, Garhwa in Sessions Trial No.22 of 1999 (T.R. No.207 of 2002), whereby both the appellants have been convicted for the offence punishable under Section 395 of the Indian Penal Code and appellant No.1, Bishwanath Ram has further been convicted for the offence punishable under Section 412 of the Indian Penal Code. The learned trial court has awarded rigorous imprisonment for seven years for the offence committed Section 395 of the Indian Penal Code to both the appellants. So far appellant No.1, Bishwanath Ram is concerned, he has further been awarded rigorous imprisonment for three years for the offence committed under Section 412 I.P.C.. Both the sentences are directed to run concurrently.

3. The prosecution case is based upon the written report of the informant, Keshawar Sao (P.W.6), alleging therein, that a dacoity was committed in