Judgment

CHANDRACHUD, J. :- The appellant Bharat Singh along with two others, was convicted by the learned II Temp. Addl. Sessions Judge, Bijnor, under Section 395 of the Indian Penal Code and was sentenced to rigorous imprisonment for 8 years. The order of conviction was confirmed in appeal by the High Court of Allahabad, but it reduced the sentence to 6 years. This appeal by special leave is directed against the judgment of the High Court.

2. A U.P. Government Roadways Bus was proceeding from Delhi to Bijnor on 15th April, 1964. After the bus left Dharnaura, a passenger seated in the upper class pointed a pistol at the driver Bhajan Lal and asked him to stop the bus. Another passenger in the upper class was carrying a hockey stick while three others in the lower class were armed with pistols. The five miscreants then robbed the passengers and ran away. The bus resumed its journey and on reaching Chandpur, the conductor, Ishar Ali, lodged the first information report at the police station.

3. The appellant was arrested on 3rd May, 1964 . At the trial, he denied having participated in the docoity and alleged that he was implicated falsely. He contended particularly, that he was shown