1. - This is an appeal filed by Hari Ram against the judgment of the learned Sessions Judge, Merta, dated 14th December, 1976, by which he was convicted under Section 398, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years,

2. The case for the prosecution, which has been accepted by the learned Sessions Judge, is that on 1st February, 1976, Babu Ram was grazing his she-camel and its young-one in the field of Kana Ram Bhambhi at village Bhakrod at about 12 in the noon At that time Hari Ram appellant, having armed himself with a gun, came into the field of Kana Ram Bhambhi and asked Babu Ram to hand over the possession of the she camel and its young-one to him. Babu Ran refused to give the appellant his she-camel and its young-one Upon Babu Ram's refusal, the appellant became angry and in a fit of anger he slapped Babu Ram twice or thrice and snatched away the she-camel and its young-one. The appellant, while earning away the she-camel and its young one, openly declared that if he was pursued by Babu Ram, the latter would be killed. Out of for Babu Ram did not pursue the appellant and went to his house to inform his father about the robbery. At h