JUDGMENT : D. DASH, J. 1. The appellant No. 1 (Natu Mallik) along with deceased-appellant No. 2-Dama Mallik having been convicted for the offence under section 396, IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2000/- in default to undergo rigorous imprisonment for one year by the judgment and order dated 13.01.2005 and 24.04.2005 respectively passed by the learned Ad hoc Additional Sessions Judge (FTC), Baripada in S.T. Case No. 37/79 of 2004/02, had filed this appeal. The appeal stands abated as against appellant No. 2 and is thus now confined to the appellant No. 1, hereinafter referred to as 'the appellant'. 2. The prosecution case, as it reveals from the FIR (Ext. 1) is that on 23.06.2001 morning around 5.30 a.m. when the informant (P.W. 1) was going on his bicycle to bring sal leaves for his goats; on the way near Balidiha Chhak, these accused persons (both the appellants) asked him to get down from the cycle and searched his pocket. It is alleged that when P.W. 1 told them that he had no money, the accused persons gave him pushes, kicks and dealt fist blows. It is next alleged that accused Daman Bhuyan (since acquitted) was holding a bhujali and accused Natu had a bow with him when the other accused assaulted this P.W. 1 by means of sickle causing bleeding injuries and then they snatched away the cycle. P.W. 1 then rushed to the residential colony at village Purunapani and informed the villagers such as Sarbeswar Mohanta, the deceased, P.Ws. 2 to 4 as also others. It is stated that they rushed to detain the accused persons and then accused Natu shot an arrow, which pierced through the chest of Sarbeswar Mohanta causing profuse bleeding. Thereafter, when accused Natu again attempted to shoot another arrow, P.W. 4, son of the deceased, caught hold of him. It is said that other accused persons fled away towards their village. Said Sarbeswar being shifted to the hospital; ultimately succumbed to the arrow shot injury. 3. The FIR, being lodged by P.W. 1 at Moroda police station, the (same was registered as P.S. Case No. 53 of 2001 and the investigation commenced. It is said that other accused persons fled away towards their village. Said Sarbeswar being shifted to the hospital; ultimately succumbed to the arrow shot injury. 3. The FIR, being lodged by P.W. 1 at Moroda police station, the (same was registered as P.S. Case No. 53 of 2001 and the investigation commenced. The I.O. (P.W. 17), on completion of investigation, submitted charge sheet placing these appellant-accused persons as also one Daman Bhuyan (since acquitted) to stand their trial for commission of offence under section 396, IPC. 4. The accused persons have taken the plea of denial and false implication. 5. The trial court, on analysis of evidence of seventeen witnesses examined from the side of the prosecution and on going through number of documents admitted in evidence and exhibited on behalf of the prosecution, has answered that these accused persons, on the morning hours of 23.06.2001 conjointly committed dacoity and murdered Sarbeswar Mohanta. 6. Heard learned counsel for the appellant as also the State. I have gone through the judgment passed by the learned Ad hoc Additional Sessions Judge (FTC), Baripada in S.T. Case No. 37/79 of 2004/02. 7. The star witnesses for the prosecution are P.Ws. 1 to 4. It is the evidence of P.W. 1, the informant, that on the relevant date, time and place, these accused persons snatched away his bicycle and having failed to extract money from him, assaulted him by means of sickle causing bleeding injury on his person. It is his evidence that he was intercepted on his way to Tiansi jungle and as he refused to give money to them, was attacked by the accused persons. It is his evidence that one Jodha Mallick attempted to assault him by snatching the sickle from his hand. The evidence of P.W. 1 relating to this part of the incident appears to be having a ring of truth and wholly acceptable when nothing has been elicited during cross-examination to raise any such doubt in mind and moreso when that has received-corroboration from the FIR version as also for the evidence of the doctor. It is his evidence that on return, when he informed the villagers and requested to recover his bicycle, the accused persons were so demanded by the villagers and for that there was a tussle. It is his evidence that on return, when he informed the villagers and requested to recover his bicycle, the accused persons were so demanded by the villagers and for that there was a tussle. It is the evidence of P.W. 1 as also all other witnesses in clear and categorical terms that then accused Natu suddenly shot an arrow, which hit on the chest of Sarbeswar causing bleeding injury whereafter he was caught hold of by the villagers and brought to the village. Despite searching cross-examination, no such material has surfaced to discredit their evidence on any score. The medical evidence wholly support such oral testimony. The conduct of all these witness appear to be quite natural and their response is also in order. The medical evidence adduced by the prosecution corroborates the evidence of all those eye-witnesses. The trial court, as it appears, has made a detail analysis of evidence on record and found the prosecution to have established its case beyond all reasonable doubt for fastening the guilt against these accused persons for commission of offence under section 396, IPC. This Court, on meticulous examination of the evidence both oral and documentary on record, not only finds that the trial court has gone for proper evaluation of those but also has committed no such error/mistake in accepting the case of the prosecution as to have been established through such evidence beyond reasonable doubt. The conviction of accused-Natu Mallik for offence under section 396, IPC thus is found to be in order. In the proven facts and circumstances, accused-Natu Mallik being convicted for offence under section 396, IPC, the order of sentence also appears to be just and proper. 8. In the result, the CRLA fails and is hereby dismissed.