P. Govinda Menon, J.

1. These two appeals arise out of the judgment of the Additional Sessions Judge, Kottayam in Sessions Case 36 of 1964. Criminal Appeal 173/64 is by accused 3 and 4 who were convicted under S.392 and 353 I.P.C. and Criminal Appeal 252/64 is by the State against the acquittal of accused 1, 2, 5 and 6 of all offences and against the acquittal of accused 3 and 4 of the offences under S.395, 120B and 342 I. P. C.

2. The facts of the case shortly stated is as follows:

A suit O. S. 107/63 was instituted in the Subordinate Judge's Court, Kottayam against the second accused for recovery of money. In that suit an application made under O.38 R.5, C. P. C. for attachment before judgment of a bus K. L. K. 2036 belonging to the second accused. Learned Judge ordered attachment and Ext. P. 1(b) is the warrant of attachment. On the morning of 25-9-63, P.W. 1 the Amin of the court along with P.W. 2 the litigation agent of the plaintiff went to the Mundakayam bus stand. At about 8 a. m. the bus came to the shed with passengers. After the passengers had alighted from the bus the Amin seized the bus preparing the usual attachment report. As there was no driver available he req