JUDGMENT

These appeals are filed under section 379 of the Code of Criminal Procedure. These five appellants along with two others were tried for offences punishable under sections 395, 397 and 449 of the Indian Penal Code. Two of them were tried under section 25 read with Section 27 of the Arms Act. Mithilesh was tried for offences punishable under sections 216 and 412, I.P.C. The trial Court acquitted all of them. The State preferred an appeal. During the pendency of the appeal the two accused Devi Singh and Kishore Singh died and the appeal against them stood abetted.

2. The High Court, however, relying on the evidence of the eye-witness who participated in the indentification parade and the recovery effected allowed the appeal and set aside the acquittal and convicted Mansingh, Rati Ram, Narayan Singh and Shiv Ratan under sections 395/397 and 449, I.P.C. and sentenced each of them to undergo rigorous imprisonment for ten years under each count. Rati Ram was further convicted under section 25 read with Section 27 of the Arms Act and sentenced to undergo three years rigorous imprisonment. Mithilesh was convicted under section 412, I.P.C. and sentenced to undergo five years rigorous