JUDGEMENT

R.M. Lodha, J.

These two appeals by special leave arise out of trial of the appellants and three others, namely, Saudan Singh (A-3), Sher Singh (A-6) and Mangal Singh (A-1) for the commission of offence punishable under Section 395 of the Indian Penal Code (for short, `IPC'). They were alleged to have committed dacoity on April 7, 1980 at or about 9.30 p.m. in atemple - Totadhari Math, Gyan Gudari, Vrindavan, District Mathura. The appellants and A-1 were convicted by the 3rd Additional Sessions Judge, Mathura under Section 395 IPC and sentenced to undergo rigorous imprisonment for a term of five years. A-3 and A-6 were acquitted. The appellants and A-1 challenged their conviction by a common appeal to Allahabad High Court. The High Court vide its judgment dated September 14, 2007 dismissed the appeal. It is from this judgment that one appeal has been preferred by Ram Babu (A-5) and the other by Man Singh @ Mani (A-4) and Jagdish Upadhyay (A-2). We are informed that A-1 had died during the pendency of appeal before High Court.

2. Vrindavan is a holy and revered place having large number of public religious Maths. Totadhari Math (hereinafter referred to as `temple') is situat