Judgment B.N.P.Singh, J. 1. Both analogous appeals have been heard together and are being disposed of by common order, as they arise out of the same impugned order. 2. Though prosecution was launched against as many as ten persons, after investigation, the police laid charge-sheet against appellants only showing Bhuneshwar Mushar, Lalan Mushar, Bashist Mushar, Kamla Mushar and Bijay Munshar absconders. Accordingly, after appellants and Bhola Mushar were put on trial. While Bhola Mushar was acquitted of the charges, appellants were convicted under Section 395 of the Indian Penal Code for which they were sentenced to imprisonment for a term of ten years. 3. Precisely the prosecution case is that while Birendra Kumar (PW 4) was fast asleep in his house alongwith family members, miscreants 8/10 in numbers having gained their access in inner apartment of house, coerced house inmates and removed boxes and house belongings. It was alleged that when they were chased, while retreating, they resorted to firing. However, after hot chase, appellants were apprehended by villagers whose custody was later on made over to the police. A police case had been instituted on behest of Birendra Kumar, pursuant to which, investigation followed. The police during investigation, took steps for apprehension of miscreants, made seizure of offending articles from house of some of the accused persons, recorded statement of witnesses, and on conclusion of investigation laid charge-sheet before Court, with appellants in custody and other absconding, and during trial that eventually followed, State examined six witnesses including maker of the first information report. 4. Defence of appellants both before this Court and the Court below was that of innocence, and their false implication, as they did not oblige Birendra Kumar, for working with him. Other defence of the appellants was that for that reason Telhu Kushar was also killed, and only for defence instant prosecution case had been instituted against appellants. The trial Judge, however having taken into consideration evidence available on record, while acquitted Bhola Mushar, recorded finding of guilt and sentenced appellants in the manner stated above. 5. For appreciation of contentions raised a brief resume of narrations made by the witnesses at trial can be noticed. The trial Judge, however having taken into consideration evidence available on record, while acquitted Bhola Mushar, recorded finding of guilt and sentenced appellants in the manner stated above. 5. For appreciation of contentions raised a brief resume of narrations made by the witnesses at trial can be noticed. If narration made by Puranmasi Singh (PW 2), Kapildev Singh (PW 3), Birendra Kumar (PW 4), Suraj Singh (PW 5) and Basist Singh (PW 6) is to be given credence, they all stated in one and same voice about apprehension of appellants on chase near middle school, pursuant to commission of the dacoity in the house of Birendra Kumar. 6. Learned counsel for the appellants while drawing my attention to evidence of Basist Singh, submits that if narration made by other witnesses can be of any significance, appellants were apprehended in their house by villagers, for no good reasons, and which has also been the case of the defence. Contentions are raised that though some witnesses stated also about seizure memo of offending articles, neither there has been seizure of offending articles, neither there has been seizure memo on record nor the Police Officer was examined to lend assurance to this aspect of the matter. It is urged that accepting the prosecution version to be true on its face value, it is admitted in most uncertain terms that neither there has been removal of any house belongings nor there has been accusation of recovery of booty from possession of appellants, and the last argument was that appellants had suffered trauma of protected prosecution for about 14 years which was launched not later than year 1989, while appellants in Cr. Appeal No. 57/93 continued to be in custody since 1.9.1989 when they were forwarded to the Court, appellant of Cr. Appeal No. 208/93 too remained in custody for about 14 years as he had not furnished bail bond in persuance of Court order dated 24.9.1997 for the release from custody. 7. The facts of the case are tell-a-tale which are evident to suggest that after commission of dacoity in house of Birendra Kumar (PW 4), on hot chase by villagers, appellants were apprehended near middle school, and Birendra Kumar (PW 4} both in his earliest version, and also in evidence, claimed identification of appellants during commission of dacoity. 7. The facts of the case are tell-a-tale which are evident to suggest that after commission of dacoity in house of Birendra Kumar (PW 4), on hot chase by villagers, appellants were apprehended near middle school, and Birendra Kumar (PW 4} both in his earliest version, and also in evidence, claimed identification of appellants during commission of dacoity. Stray statement made by.PW 6 about apprehension of appellants from their house, in near middle school would not impair probative value of evidence of other witnesses, particularly when houses of the appellants are adjacent to the middle school. 8. In these circumstances while upholding the finding of guilt recorded against appellants, regard being had to the fact of the case and after that long incarceration, their sentence is reduced to a term of eight years. Both the appeals are dismissed with aforesaid modification in sentence. 9. Sri A.K. Samiyar, learned counsel appearing in Cr. Appeal No. 208/93 and Smt. Indu Kumari Sinha, learned counsel appearing in Cr. Appeal No. 57/93 as amicus curiae shall receive their remuneration from Patna High Court Legal Aid ommittee.Appeal dismissed with modification.