1. These appeals are preferred against the Judgment and Order of conviction dated 05.07.06 & 06.07.06 passed by Learned Additional District & Sessions Judge, 12th Court, Alipore in S.T. No. 03(02)05, arising out of Sessions Case No. 37(01) 05 for the offences punishable under Sections 395 /397 of the Indian Penal Code, 1860 . Appellant/Accused persons were directed to suffer rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for 1 year under Section 395 of the Indian Penal Code 1860 and also to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5000/- in default to suffer rigorous imprisonment for one year (1) under Section 397 of the Indian Penal code, 1860 and both the conviction and sentenced shall run concurrently.

2. The prosecution case emanated from a complaint which interalia stated on 26.08.04 in between 12.50 to 14.40 hrs near Poddar Project Textile Division, 1/1 – Taratala Road, Calcutta – 88 the accused person committed Dacoity in respect of about 2,50,000.00, one Celular Phone, cloth etc. from the possession of Mukesh Agarwal on the point of “revolver”, “bhoj