JUDGMENT :

Shree Chandrashekhar, J.

Santosh Yadav, Sita Ram Mahto (y) Sita Ram Yadav, Pintu Hazra, Louki Das, Santosh Das, Pinku Pandey Pankaj Pandey, Churaman. Yadav, Bodho Paswan @ Bodhu Paswan @ Diwakar Paswan and Bindu Ram were put on trial on the charge under section 395 of the Indian Penal Code. They are convicted and sentenced to RI for life and fine of Rs.5000/- each under section 395 of the Indian Penal Code with a default stipulation to undergo further imprisonment for six months. Except Sita Ram Mahto, Pintu Hazra and Louki Das, the remaining six accused were further charged under section 412 of the Indian Penal Code and they are held guilty for retaining the looted articles in dacoity but no separate sentence under section 412 of the Indian Penal Code was passed against them.

2. In this batch of criminal appeals, the aforesaid accused persons have challenged the judgment of conviction dated 23rd September 2011 and the order of sentence dated 24th September 2011 passed in Sessions Trial No. 120 of 2010.

3. A gang of dacoity entered the house of Rajendra Kumar Bagaria in the midnight of 12th September 2009 and plundered gold, silver and diamond ornaments, Pistols, DBBL gun, live cartridges and several mobile sets with SIM cards from his house. On a telephonic information received in Giridh (Town) PS, Upendra Singh who was the officer-in-charge of the police station came to the house of Rajendra Kumar Bagaria at village Pachamba and recorded his fardbeyan at 05:10 AM and on that basis Giridih (T) PS Case No. 254 of 2009 was lodged on 13th September 2009 against 15-20 unknown criminals. In course of the investigation on a secret information received by the investigating officer Bodho Paswan was arrested on 25th September 2009 from village Raichore in the district of Jamui. He gave a confessional statement before the investigating officer which was recorded around 08:00 AM the next day and that is how complicity of other appellants in the crime came to the knowledge of the investigating officer. Churaman Yadav was arrested on the same day; Santosh Yadav, Santosh Das and Bindu Ram were arrested on 16th October 2009; Pinku Pandey was arrested on 31st October 2009 and; Sita Ram Mahto was arrested on 30th March 2010. Louki Das surrendered in the Court on 27th January 2010 and Pintu Hazra who in the meantime got himself involved in another crime was taken on remand and put on identification parade.

4. On the basis of disclosure statements made on 26th September 2009 by Bodho Paswan 28 articles were recovered from a talab near cremation ground between the village Kalyandih and "Narendrapur". On the same day, on the basis of disclosures made by Churaman Yadav looted articles were recovered from the house of Ishwari Ram Mohri, Bindu Ram and Santosh Yaday. A DBBL gun was seized around 02:15 PM from a barren compound belonging to Ishwari Ram Mohri at village Handadih; a Pistol with magazine and cash of Rs.7500/- from the house of Santosh Yadav and; one Pistol with magazine, 17 live cartridges, 7 live Pistol cartridges and cash of Rs.5000/- kept in silver box were seized from the house of Bindu Ram. On 16th October 2009, Blackberry mobile phone, Nokia mobile phone with two SIM cards and cash of Rs.5120/- were seized from the possession of Santosh Yadav; from the possession of Santosh Das three Nokia mobile phones with two SIM cards, Rs.420/- and Bajaj Discover motorcycle having Registration No. WB-07-8180 were seized and; from the possession of Pinku Pandey Nokia N-73 mobile phone and Samsung folding mobile phone with Airtel SIM card were recovered.

5. A charge-sheet was filed in the Court under sections 395 and 412 of the Indian Penal Code and, as noticed above, the appellants faced the trial on the charge of committing dacoity in the house of Rajendra Kumar Bagaria and for dishonestly retaining the looted properties belonging to R