These three appeals arise out of the judgement of the learned Sessions Judge of Kozhi-kode in Sessions Case 84 of 1962. Criminal Appeal 117 of 1963 is by the first accused; criminal appeal 103 of 1963 is by the second accused and criminal appeal 105 of 1963 is by accused 3, 4 and 5. Accused 1 to 5 were convicted each under S. 120-B (1), I.P.C. criminal conspiracy to commit robbery, but no separate sentence was awarded. Accused 3 to 5 were convicted under S. 392 and sentenced each to undergo rigorous imprisonment for 8 years. Accused 1 and 2 were convicted for abetment of forgery under S. 392 read with S. 120-B (I), I.P.C., and sentenced each to undergo rigorous imprisonment for 8 years. In addition accused 3 to 5 were also convicted and sentenced' each to undergo rigorous imprisonment for two years and one year respectively under S. 461 read with S. 34,I.P.C., and under S. 342 read with S. 34, I.P.C. Accused 1 and 2 were alternatively charged under S, 411, I.P.C., and the learned Sessions Judge found that they were liable under the section, but since they were convicted and sentenced for the major offence no conviction was recorded under S. 411, I.P.C.

2. The case again