JUDGMENT

Uday Umesh Lalit, J. - This appeal by special leave by original accused No.1 is directed against the judgment and order dated 23.10.2018 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal No. 265 of 2013.

2. Seven persons including the appellant were tried in the Court of Additional Sessions Judge, Keraghar, District Rajnandgaon, Chhattisgarh in Case Crime No.01/2011 in respect of offences punishable under Sections 460, 396 and 302 of the IPC and Section 25 of the Arms Act, 1959.

3. According to the prosecution: -

(a) In the intervening night of 31.08.2010 and 01.09.2010, a dacoity took place in the house of the deceased Bhanwarlal; that his son Lal Chand- PW-1 came to know about the dacoity in the morning when he found that his father Bhanwarlal and daughter Ashita were lying dead. The witness also noticed thatarticles kept in the room were lying scattered and certain gold and silver ornaments were missing. As a result of reporting made by said witness vide Exhibit P-1, the crime was registered and the investigation was undertaken. The reporting was against unknown persons.

(b) On 2nd of September, 2010, the appellant was arrested and after his arrest he ma