JUDGMENT

Nanavati, J.-The State has filed this appeal against the common judgment and order of acquittal passed by the Allahabad High Court in Criminal Appeal No. 905/83 and Reference No. 4/83. Both the respondents were convicted by the trial Court for the offence punishable under Section 396 read with Section 34 IPC and were sentenced to death.

2. The prosecution case was that the Bhoora and Vishram Singh, the two respondents herein, along with about 20 to 25 dacoits went to village Aimanpura on 23.11.78 at about 6.30 p.m. killed Raja Ram who was at his tube-well which was very close to the village, then went to the house of Om Prakash and started firing at the persons who were sitting under the Chhappar of his house and then looted property from the houses of Om Prakash and others. Om Prakash somehow managed to escape from that place. He first went to the tube-well of Raja Ram as he was having a licenced gun and who happened to be his brother-in-law but finding him dead went running to the Police Station which was about a mile away from his village. He informed P.I. Surinder Kumar Singh who was in-charge of the Police Station that about 20-25 dacoits including Bhoora and Vishram