Judgment :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against judgment and order of conviction dated 27.03.1996 and 29.03.1996 passed by the Learned Additional District and Sessions Judge, 4th Court, Alipore, South 24-Parganas in Sessions Trial No.1(3)93 arising out of Sessions Case No.9(1)92 convicting the appellants for the offence punishable under Section 399 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for four years and to pay a fine of Rs.600/- each, in default, to suffer rigorous imprisonment for three months each and further convicting the appellants for the offence under Section 402 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and six months and to pay a fine of Rs.400/-each, in default, to suffer rigorous imprisonment for two months each and both the sentence would run concurrently.

2. The prosecution case, originating from a formal complaint lodged by Sub-Inspector of Police Jayanta Mukherjee, unfolds with the receipt of secret information on January 15, 1981, at about 00:05 hours, indicating that a gang of ten to twelve dacoits had assembled in a lonely paddy field at Gangarampur near t