JUDGMENT

S.K. Sahoo, J. - The appellant Jaganath Mundari faced trial in the Court of learned First Addl. Sessions Judge, Rourkela in Sessions Trial No.97 of 2011 for offences punishable under sections 399 and 402 of the Indian Penal Code on the accusation that on 11.07.2010 at about 11.00 p.m., he along with others were found assembled near DAV Public School field, Rourkela by keeping a Bolero jeep for the purpose of committing dacoity and making preparation for the said purpose.

The learned Trial Court vide impugned judgment and order dated 04.11.2016 found the appellant guilty of both the charges and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo rigorous imprisonment for three months more for the offence under section 399 of the Indian Penal Code and rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo rigorous imprisonment for two months more for the offence under section 402 of the Indian Penal Code and both the sentences were directed to run concurrently.

2. The prosecution case, in short, as per the first information report