ORDER

The conviction of the appellant under Section 396 IPC initially visited him with a life sentence, as ordered by the Court of Session, but on appeal to the High Court, it was reduced to ten years rigorous imprisonment.

2. It was a night robbery in a running train. The appellant was allegedly one of the dacoits. A person was killed during the course of commission of dacoity and the dacoits caused hurts to others and looted their property. P.W. 6, Diwakar Yadav, was one such person who was robbed. The Train Ticket Examiner, P.W. 3, was also one of the occupants in the train who was injured. The occurrence took place shortly after the train left Katihar station for its onward journey to Calcutta. This incident happened in the State of Bihar. The matter was reported to the police by P.W. 3. The appellant was later arrested as one of the culprits. He was put to identification parade conducted by Judicial Magistrate, Bharatji Misra, P.W. 7. Thereat, P.W. 6 was able to identify the appellant as one of the dacoits besides others, with whom we are presently not concerned with, and claimed that he was the one who had a revolver with him which he employed during the cour