Judgment

PALEKAR, J.:- These criminal appeals are by special leave filed by the Delhi Administration against Bal Krishan, Hukam Singh and Ram Singh respectively from an order of acquittal passed by the Delhi High Court. Five persons were put up for trial before the Additional Sessions Judge, Delhi, on charges under Section 395 r/w Sections 397, 396 and 170 I. P. C. Of these, two were acquitted. The other three namely Hukam Singh, Ram Singh and Bal Krishan who were accused Nos. 1 to 3, convicted of the offences with which they were charged and were sentenced to several terms of imprisonment and also to pay a fine. They went in appeal to the High Court against the conviction and sentence and have been acquitted. The Delhi Administration has, therefore, come to this Court in appeal by special leave.

2. It is not in dispute that at about 2.30 A. M. on 1-10-1965 there was a dacoity in the house of one Mohd. Yusuf (P. W. 4) in the locality known as Khureji in Gandhi Nagar area, Delhi. There were four rooms in that house. One of the rooms was occupied by Mohd. Yusuf and his mother Batolan (P. W. 5). In the other room Hakim Uddin lived with his wife Shah Jahan (P. W. 3) and his children. Hak