JUDGMENT

CHANDRACHUD, CJI.:— The respondents were convicted by the learned Sessions Judge, Bharatpur, under Section 395 of the Penal Code and were sentenced to rigorous imprisonment for three years. By its judgment dated November 13, 1972, the High Court of Rajasthan has set aside that judgment and has acquitted the respondents. The State of Rajasthan has filed this appeal by special leave against the Judgment of the High Court.

2. The State Bank of Bikaner and Jaipur had a branch at Bayana in the district of Bharatpur. At about 1.30 p.m.. on March 17, 1971, seven or eight persons looted the Bank. Jugal Kishore Paliwal, the Agent of the Bank, was working in his chamber, while Bhagwan Dass Goyal, Head Cashier, and Suresh Chand Goyal, Assistant Cashier, were in the cash cabin at that time. The dacoits, who were armed with country-made pistols, knives and a handgrenade, ordered these Bank employees to stand up and raise their hands. Three dacoits entered the Agents room. beat him up and opened the safe and the almirahs. They could not find any money therein. They then took the agent to the cash cabin, where they tore open the lid of an iron cash box and took away currency notes of Rs.