1. The appellants have preferred this appeal against their conviction u/s 412 IPC, for which they have been sentenced to 1 year's rigorous imprisonment each and a fine of Rs. 500/- each; and in default of payment to undergo 3 months' rigorous imprisonment, vide judgment dated 28th August, 78 passed by the Addl. Sessions Judge. Bharatpur.

2. The appellants along with other persons were tried for offences under section 395 & 397, IPC. The allegation against them was that on the intervening hight of 7th & 8th July, 75, in Village-Bandwas, a dacoity took place, and the dacoits took away ornaments from the houses of Roopram, Mangtu, Prabhati and Darola. It is alleged that 8-10 persons had come to the village and committed the dacoity.

3. On such report, the police investigated the matter and arrested 5 persons. It is alleged that during custody, the appellants accused gave information for recovery of certain ornaments, u/s 27 of the Indian Evidence Act, and on their information, ornaments were recovered. The police submitted a challan against 5 persons under sections 395 & 397, IPC. They were tried by the Addl. Sessions Judge, Bharatpur. The learned trial Judge framed charges aga