1. - Appellant Tarachand has been convicted under Section 395, IPC, and sentenced to rigorous imprisonment for seven years and a fine of Rs. 500/-, in default of payment of fine to under go further rigorous imprisonment for six months, by the Additional Sessions Judge, Dholpur, by his judgment dated 17-5-76.

2. The prosecution case, in brief, is that in the intervening night of 11th and 12th May, 1973, about 10-11 dacoits committed the dacoity in the house of Ajudhya Prasad and others in village Tod. It was further alleged that the appellant Tarachand was with the dacoits at the time of occurrence and tie assisted the dacoits in pointing out the house of Ajudhya Prasad. It was further alleged that the male members of the family of Ajudhya Prasad and others went in a marriage to a nearby village Sabalpura. There were ladies only left at the house of Ajudhya Prasad. When the dacoits came the ladies, out of fear, ran away except Anar Dei (PW. 2) and Baijanti (PW. 3), who were sleeping in the house of Ajudhya Prasad. When dacoits came they woke up these ladies, that is, Anar Dei and Baijanti, and asked them to part with the ornaments they were wearing. This was done. After brea