Judgment

SHELAT, J. :- This appeal, by special leave, is directed against the judgment of the High Court of Patna by which the appellant s appeal against the judgment and order of conviction and sentence passed by the District & Sessions Judge, Monghyr under S. 395 of the Penal Code was dismissed.

2. On March 31, 1962, at about 1 a.m., certain persons forced their way into the house of Sitaram Singh (P.W. 7) in village Pipraul, about 12 miles away from Teghra Police Station, District Monghyr, assaulted him and his family members with lathis, causing each of them injuries, and took away therefrom cash, ornaments and other properties. Immediately thereafter, Sitaram disclosed the names of five of the miscreants, including that of the appellant to two village chaukidars (P.Ws. 1 and 2) and the Dafadar (P.W. 3) of the village. The two chaukidars went in search of the miscreants and found the appellant and accused Kirandeo fleeing at some distance from the village. A scuffle took place between the chaukidars and the appellant and accused Kirandeo, and probably, as a result of that scuffle the appellant received two minor injuries. The chaukidars arrested the appellant and Kirandeo, brough