DHARNIDHAR JHA, J.:–This appeal from jail has been preferred by the appellant Nand Kishore Sahni against the judgment of conviction dated 28.09.2007 by which the appellant was found guilty of committing offences under Sections 395 and 397 IPC and was directed to suffer rigorous imprisonment for ten years on each of the two counts. The appellant was also directed to pay a fine of Rs.5,000/- on account of being convicted under Section 395 IPC and in case of making default in payment of fine, the appellant was directed to suffer rigorous imprisonment for further period of three months. Sentences of imprisonment were to run concurrently.

2. There does not appear any dispute that the dacoity had taken place in the night intervening 10th and 11th of January, 1994 at about 2 A.M. in the house of P.W.3 Sataydeo Mishra. Cash in the sum of Rs.20,000/- and ornament valued at Rs.26,000/- were allegedly looted away and the informant was assaulted along with his brother. It was alleged that the informant snatched a country made gun from one of the dacoits and hit him on his shoulder whereafter the dacoits started running away. The informant, namely, Sataydeo Mishra (P.W.3) and Harikant Mishra (P.

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