JUDGMENT

NATARAJAN, J.: —The appellants Arun Kumar and Narain Singh and one Bal Bahadur were acquitted by the Sessions Judge, Tehri Garwal of offences punishable under Ss. 366, 376,302 and 201, I.P.C. In the appeal preferred by the State against their acquittal, the High Court had split up the case against Bat Bahadur because notice of appeal could not be served on him. On reapprising the evidence, the High Court confirmed the acquittal of the appellants for the offences punishable under Ss. 375, 302 and 201, I.P.C., but however found them guilty for the offence under S. 366, I.P.C. and accordingly convicted them and sentenced them to undergo R.I. for 10 years. Hence the present appeal by the appellants.

2. Appellants Nos. 1 and 2 were employed as overseer and driver respectively and the third accused Bat Bahadur was employed as a dak-runner, in a para-military organisation under the command of the Director General of Border Roads. The appellants and their companion came to be charged for the various offences mentioned above in the following circumstances.

3. The first informant PW 14 Nain Singh was a 70 year old man who had lost all his five sons. He was living with his youngest wid