JUDGMENT

S.K. Sahoo, J. - The appellants Pania Gada in JCRLA No.49 of 2011, Bhutulu Gochhayat, Aswini Ghadei and Dhania Sahu in CRLA No.528 of 2012 and Kanhei Naik @ Chipa in CRLA No.392 of 2013 faced trial in the Court of learned Assistant Sessions Judge, Sambalpur in S.T. Case No.177/116 of 2005 for commission of offences punishable under sections 458 and 395 of the Indian Penal Code read with section 25 of the Arms Act.

Learned trial Court passed the impugned judgment and order dated 20.07.2007 acquitting the appellants of the charge under section 25 of the Arms Act but convicted them under sections 458 and 395 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for a period of five years under section 458 of the Indian Penal Code and rigorous imprisonment for a period of ten years under section 395 of the Indian Penal Code and the sentences were directed to run concurrently.

2. The prosecution case, as per the first information report (Ext.1) lodged by the informant Krushna Chandra Seth (P.W.9) before the Inspector in-Charge of Dhama police station on 24.09.2004, is that during the intervening night of 23/24.09.2004 at about 2.45 a.m. some unknown