M. D. BHATT, J. ( 1 ) THE two accused Mohan Sb Budhhu Gond and Ramautar 5/0 Tangu Pandi, have preferred this joint appeal from jail against the trial courts Judgment ill Sessions Trial No. 15 of 82 of Sessions court Ambikapur who has sentenced these two appellants-accused to three years RI. , on each count under section 399 and 402 IPC along with some other co-accused persons with the direction for the concurrent running of these sentences. ( 2 ) MINJ. Station Officer of the PS. Patna, on private information regarding some culprits making preparation for committing dacoity, surrounded the particular place near the temple and rounded up 11 culprits including the present two appellants- accused, from whose possession bows and arrows, tangiya and some fireworks were recovered and seized. All the 11 culprits were put up for trial and were convicted and sentenced to the extent as staled above. Nine out of 11, who had been convicted, had preferred criminal Appeal No. 46 of 84 in this Court who, vide its Judgment dated 6. 7. 84, had acquitted all the nine. The present two appellants-accused are found to have filed the appeal from jail much later. ( 3 ) THE present appellants-accused also had taken similar pleas as the other who have been acquitted. These appellants- accused had also claimed that they had been falsely implicated. From the possession of the appellant Mohan, one Tangiya and 16 pieces of fireworks had been recovered and seized; whereas from the possession of other appellant Ramautar, one Tangiya and five pieces of fireworks had been seized. (Exs. P-2 and P-9 ). All prosecution evidence against the appellants- accused is found to be exactly same as is regarding to the other nine who have already been acquitted by this Court vide its Judgment dated 6. 7. 84. The case of the present appellants-accused being no different from the one of the other nine, who have already been acquitted, the same reasoning for acquittal as was adopted in this Courts decision dated 6. 7. 84, equally applies on all fours to the present appeal. 7. 84. The case of the present appellants-accused being no different from the one of the other nine, who have already been acquitted, the same reasoning for acquittal as was adopted in this Courts decision dated 6. 7. 84, equally applies on all fours to the present appeal. ( 4 ) ADOPTING the same reasons as done earlier and re-appreciating the evidence on record, it has to be held that the oral testimonies and the documentary evidence regarding information given by the informer as given by the police officers in Court, are all concocted deserving no credence Moreover, relying on Chaturi Yadav v. State of Bihar, it has to be held in the light of the facts of the present case, that there is no cogent basis on record to safely establish beyond any shadow of doubt that the assembly of the two appellants-accused along with nine others, was for the purpose of committing dacoity or was for making any preparation to commit that offence. Therefore, these two appellants-accused also deserve to be acquitted of the offences in question, in the absence of cogent proof. ( 5 ) IN the result, thus, the present appeal is allowed Setting aside the order or convictions and sentences as passed against the appellants accused Mohan and Ramautar, by the trial Court, it is ordered instead that these two appellants-accused be and are acquitted of the offences punishable under section 399 and 402 IPC; and as such, they be immediately released from jail, if no longer required in any other case. Appeal Allowed. .