JUDGMENT

M.K. Mukherjee, J.-The appellant. alongwith seven others, was tried in the Court of Additional Sessions Judge. Bilaspur for an offence under Section 395 IPC. All of them were convicted for the above offence and sentenced to rigorous imprisonment-for seven years each- In appeal the High Court upheld the conviction of seven of them, including the appellant, but reduced their sentence to rigorous imprisonment for thre 3 years each. The conviction of the eighth accused was, however, altered to one under Section 411 IPC. The above order is under challenge in this appeal at the instance of the appellant only.

2. The prosecution case, so far as it is required to be stated for disposal of this appeal, is that in the night of August 5,1981 the accused persons committed dacoity in the house of Nandram (PW 1) of village Tatakasa under the jurisdiction of Police Station Kunda and took away ornaments, clothes, watch and cash. A report of the incident was lodged by Nandram on the following morning at 4.30 A.M. whereupon a case was registered under Section 395 IPC. In course of the investigation the appellant was arrested on August 29, 1981 and placed in a test identification parade wherei