LINGARAJA RATH, J.

( 1 ) THESE two appeals arise out of Sessions Trial No. 125/10 of 1981/85 before the Additional Sessions Judge, Sambalpur and hence are disposed of by this common judgment. Criminal Appeal No. 221/85 has been preferred by Piyus Ekka and Criminal Appeal No. 244/85 has been preferred by Tarkeswar Prasad Sah, Rambabu Sah and Harbans Singh. All the four appellants were made to stand trial u/s. 394/ 397, IPC and u/ss. 25 and 27 of the Indian Arms Act. Besides, appellant Rambabu Sah was also further charged under Ss. 279/337, IPC. They were convicted u/ S. 394 read with S. 397, IPC and sentenced to undergo R. I. for seven years each. All the appellants except Rambabu Sah were also convicted u/ss. 23 and 27 of the Indian Arms Act and sentenced to undergo R. I. for one year u/s. 25 and two years u/s. 27 of the Indian Arms Act. Rambabu Sah has also been convicted u/s. 337, IPC and sentenced to R. I. for six months and though he was convicted u/s. 279, IPC no separate sentence was passed. All the sentences were directed to run concurrently.

( 2 ) THE case against the appellants, as alleged by the prosecution, was that on 27-7-83 they hired a jeep bearing No. 058/4411 belo