ORDER

Nirmal Baheliya alias Nirmal Pasi and Sona Pasi, the two accused-appellants, have been held guilty of an offence punishable under section 395 of the Indian Panel Code and sentenced to undergo rigorous imprisonment for life by the additional sessions judge-II, Jehanabad. On appeal, the conviction and sentence have been maintained by the High Court. The accused-appellants have preferred this appeal by special leave.

2. Here itself it may be stated that one Krishna Choudhary was also tried as co-accused with the two accused-appellants on the same charge and was convicted. His appeal before the High Court also failed. However, he has not pursued the matter before this Court.

3. The fact that there was a dacoity which took place on 5.3.1989, at about 6 p.m., at Baidrabad Bazar within Arwal police station of district Jehanabad is not disputed by the learned amicus appearing for the accused-appellants. However, he has seriously disputed the involvement of the accused-appellants in the incident. In his submissions there is no reliable evidence available on record to hold that the accused-appellants had participated in the incident.

4. A perusal of the evidence available on record and the