Sharma, J. — This is an appeal by Hindu Singh, Udey Singh and Bheron Singh who have been convicted by the Additional Sessions Judge, Jhalawar under sec. 395 read with sec. 397 of the Indian Penal Code and have been sentenced to seven years rigorous imprisonment and a fine of Rs. 2000/-each, and in default have been given one years rigorous imprisonment.

2. The case for the prosecution is that on the 28th January, 1950 a dacoity took place at the house of Onkar Lal in village Fatehpur in Jhalawar District at about 8-30 P. M. The dacoits numbered about thirteen and the three appellants were the dacoits. Some of the dacoits were armed with guns and others with lathies. Onkar Lal was more harshly treated and his beared was burnt. Amar Singh, his nephew was fired at by Udey Singh and received injury in his leg. Considerable amount of property valued at about Rs. 3,000/- was taken away.

3. A report was lodged at the Police Station Pirawa at about midnight by Mathura Lal constable Choki Kothi. Hindu Singh was arrested on the 9th February, 1950 and was put up for identification on the 13th February, 1950 before Mr. S.P. Mani Magistrate First Class Pirawa. Udey Singh was arrested on the 4th F

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