Judgment

SARKARIA, J.:- This appeal by special leave directed against a judgment, dated September, 15, 1977 of the High Court of Madhya Pradesh, arises out of these circumstances :

On the night intervening January 5 and 6, 1968, two dacoities were committed in the houses of Ramgopal Soni (P. W. 1) and Rampratit Saraf (P. W. 4) at village Nagama, and property consisting of gold and silver ornaments worth more than Rs. 3 lakhs was looted. In this connection 19 persons were arrested by the police. Out of them, 15 were charged with offences under Ss. 395/397/109 read with S. 120-B, Indian Penal Code.

2. The Sessions Judge, Rewa, who tried the case, convicted two of the accused, namely, Jawaharlal and Munnilal under Ss. 395 and 397 read with S. 109. Penal Code, and sentenced each of them to four years rigorous imprisonment. He acquitted the remaining 13 accused, including Antar Singh.

3. Against the order of their acquittal, the State of Madhya Pradesh carried an appeal to the High Court, which set aside the acquittal of Antar Singh, Tulsi Ram and Ajijuddin, who were original accused 1, 4 and 8 respectively, and convicted and sentenced each of them under Section 395, I. P. C. to four years