JUDGMENT :

The appellants are accused Nos. 1 to 3 in S.C. No. 324 of 2002 on the file of the IInd Additional Sessions Judge, Kozhikode and they are challenging the conviction and sentence imposed on them for the offence under Section 392 IPC.

2. The prosecution case is that PW1 and PW11 exchanged their vehicles and in that transaction, PW1 had to pay Rs.1,87,000/- to PW11. But, subsequently, the vehicle was seized by the financier at Madras and then it was agreed between PWs 1 and 11 that PW1 will pay Rs.1,87,000/- to the financier and that the balance amount due to the financier will be paid by PW11 and accordingly, they decided to meet the financier at Madras for releasing the vehicle. The 5th accused was the broker between PWs 1 and 11 in connection with the vehicle transaction and when he came to know about the journey, he entered into a criminal conspiracy with accused Nos. 1 to 4 to rob the money by committing dacoity. On 13.11.1998. PW1, PW15, accused No.5 and the deceased Kunhimoosa, who is the brother-in-law of PW1, boarded train No. 6602 Mangalore- Madras Mail from Payyannur Railway Station and the deceased was in possession of the bag containing Rs.2,20,000/- and accused N