D.P.S.Choudhary, J.

1. This jail appeal has been preferred against the judgment and order dated 17th of April, 1995 passed by the 2nd Additional Sessions Judge, Saharsa in Sessions Trial Case, No. 41 of 1989/ 23 of 1989 convicting the appellants under Section 395 of the Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced him to undergo R.I. for 10 years.

2. The accused was charged under Sec. 395, I.P.C. conjointly with nine other unknown accused-persons for committing road dacoity. As per the prosecution case, the alleged offence took place on 30-12-1986 on the road north of village Bangaon, P.S. Bangaon, District Saharsa, The informant Dr. Arjun Prasad Singh (P.W. 6) who was Honorary Secretary of the Central Co-operative Bank went to Supaul from Madhepura by the Banks Jeep and after inspecting the work of Supaul Branch of Bank proceeded at about 4,00 p.m. for village Sukhpur. The Jeep was being driven by Upendra Yadav (P.W. 4) and he was accompanied with Gajendra Narain Singh (P.W. 5), Kameshwar Singh (P.W. 3) and Sudhir Narain Singh (P.W. 2). It is further alleged that the informant was returning home after attending the social function at about 7.15 p.m.