M.R.HARIHARAN NAIR, J.

The challenge in the revision ism with regard to the conviction entered against the petitioner as 4th accused in SC 144/1993 of the principal Assistant Sessions Court, Trivandrum, which was confirmed by the Third Additional Sessions Judge, Trivandrum in Crl.A. 245/1993.

2. The prosecution alleged that a about 3.30 am, on 23.2.1993, the six accused in the case were found assembled in front of the outer gate of the office building of the goods transport near Thampanoor Overbridge, Trivandrum and that their presence was for the purpose of committing dacoity. Though the petitioner and the other accused denied the charges, they were found guilty of the offence under Section402 of the I.P.C. and sentenced to undergo R.I. for three years each.

3. There is nothing to show that the other accused in the case have filed any appeal or revision and hence this appeal was heard separately.

4. Sri. Pirappancode V.S. Sudheer, who appeared for the petitioner submitted that the court has proceeded to convict the petitioner based on assumptions and not based on any legal evidence. According to him sustaining the conviction under sec. 302 of the I.P.C. the prosecution