Judgement

B.C. RAY, J.:- This appeal by special leave is against the judgment and order of conviction and sentence passed in Criminal Appeal No. 667-DB of 1981 by the High Court of Punjab and Haryana whereby the appeal was dismissed and conviction and sentence for life under Ss. 395 and 396 of the Penal Code were confirmed.

2. The prosecution case was that one Phool Khan deceased and Allah Baksh P.W. 4 who were residents of Rajasthan brought their sheep to Delhi and sold those through Nawab brothers of Delhi. Phool Khan received Rs. 28,000/- for sale of his animals and Allah Baksh sold his animals for Rs. 28,670/- and odd. Quim-Uddin P.W. 11, Illam Uddin, Shamshuddin and Sher Mohd. also accompanied them to Delhi from their native place. After collecting the money on 2nd March, 1981 Phool Khan deceased and Allah Baksh accompanied by Quim-Uddin P.W. 11 and their other labourers boarded Bikaner Mail from Delhi Railway Station in the same compartment. P.W. 9 Siri Ram and Narain Singh P.W. 10 were also returning to their native places. When the train Bikaner Mail moved from Railway Station Gurgaon at about 10-30 p.m. six persons emerged from the lavatory and started abusing the passengers