S.N.Pathak, J.

1. All the accused appellants in all the three criminal appeals referred to above were convicted under Sec. 395 of the Indian Penal Code, except Md. Khalil Mian, who was convicted under Sec. 412, IPC besides Sec. 395, IPC. All of them were sentenced to go RI for ten years under Sec. 395, IPC and Khalil Mian was sentenced to go RI for ten years under Sec. 412, IPC. All the accused-appellants were further sentenced to pay a fine of Rs. 5,000.00 each and in default to undergo SI for sixmonths.

2. The case of the prosecution was that in between the night of 18th 19th October, 1998, the informant. Narmadeshwar Pandey (PW 2) was travelling by train from Narkatiyaganj to Sikata and when the train reached near Harjadawa railway outer signal some dacoits started looting the passengers who were relieved of their personal belongings including clothes. Thereafter these, dacoits alighted from the train at the outer signal and fled away. The informant went home and subsequently, learnt that one person namely. Munna, was admitted in Mainatar Hospital. Informant went there and learnt from Munna that he along with seven others had committed loot and plunder in the concerned t