Judgment

FAZAL ALI, J.:- The appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to undergo 10 years rigorous imprisonment for having committed dacoity along with others in the house of P. W. 4 Baijnath Prasad.

2. The facts of the case have been detailed in the judgments of the trial Court and the High Court and it is not necessary to repeat the same.

3. The central evidence against the appellant consisted of the testimony of P. Ws. 1 and 2 who were the servants of complainant P. W. 4 Baijnath Prasad. It appears from the evidence that Baijnath Prasad was a rich business man of the locality and the accused-appellant Lakshman Prasad was his next door neighbour having a double storeyed house. Both the Courts below have accepted the prosecution case that a dacoity took place in the house of Baijnath Prasad in the course of which cash and other articles were stolen away. In the instant case, counsel for the appellant has not challenged this finding of the Courts below. We are also satisfied that a dacoity undoubtedly took place in the house of Baijnath Prasad. The only question that falls for consideration is whether or not the appellant participated in th