JUDGMENT

 The above six appellants/ accused took their trial on the allegations that on 26-5-73 at about 11 p.m. near village Ganaur at the road side they all committed dacoity and in the course of the commission of such dacoity caused the death of one Birbal and also looted cash, wrist watches and ornaments etc. and that in the course of transaction they were armed with the guns, pistols and knives. On the above allegations, various charges were framed against the appellants under Ss. 396, 395 and 395 read with S. 397, I. P.C. and under S. 27 the Arms Act. For better understanding-and easy appreciation of the facts of the case, we are making reference to the appellants in the order as arrayed before the trial Court.

2. The brief facts of the case as disclosed from the evidence adduced by the prosecution can be summarised as follows:

On 26-5-73 at about 11 p.m. a passenger bus bearing Registration No. NPA 5282 proceeded from Birshinghpur of Satna District via Gurh and Churhat for Sidhi. P.W. 3, Motilal Gupta and P.W. 8, Sultan Ali were the conductor and driver respectively of the bus. There were about twenty passengers in the bus of whom one was Bibral Ali the deceased herein belongi