Sharma, J.—This is an appeal by Chandan, Roopsingh, Janaksingh, Dharamsingh and Pyare against their conviction by the Additional Sessions Judge, Bharatpur, under sec. 395/397 I.P.C. and sentence of five years rigorous imprisonment.

2. The prosecution case against the accused was that on the night between the 7th and 8th July 1949 these five accused along with six others namely Maharajsingh, Hatila, Bhura, Kalwa, Inderbhan, and Mula committed a dacoity at the house of Birbal Mina in village Khatipura and during the dacoity murdered Tikam son of Kalli Mina and injured certain members of his (Birbals) family. It was alleged that the dacoits had taken away by force silver ornaments belonging to the females of the house of the value of Rs. 279/-. Out of 11 accused Chandan was caught on the spot and produced before the police. Other accused however escaped and six of them i.e., Maharajsingh, Hatila, Bhura, Kalwa, Inderbhan, and Moola absconded. The report of the incident was made at the police station Roopbas on the 8th July 1949 at about 5.30 A.M. by one Bahadur. In this report the names of the alleged dacoits were not mentioned but it was mentioned that one of the dacoits had been caugh

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