D. B. Lal, J.—This appeal by the State is brought from the judgment of the Sessions Judge, Kangra in a case under sections 395/397 of the Indian Penal Code, whereby the accused have been acquitted.

2. The case of the prosecution was, that Roop Singh, Sohan Singh, Sarab Raj Singh, Shanti Parkash, Ajaib Singh and Surjit Singh joined together and the object was to commit dacoity. Accordingly, Roop Singh was asked to engage Taxi No. PNA/8171 of which the owner-driver was one Niranjan Singh from Amritsar to take them to Hamirpur, Roop Singh engaged that Taxi on February 25, 1968 and asked Niranjan Singh to bring it to village Kadian where these accused were to board that Taxi at 5 a.m. on February 27, 1968. The fare settled was Rs. 100 and R. 10 were paid in advance. Accordingly, on that date Roop Singh was brought by Niranjan Singh in his Taxi and in the way the remaining accused boarded the vehicle and all of them reached the village Tropka at about 4 p. m. That village was a little beyond Hamirpur. At Tropka the Taxi was left and Niranjan Singh was asked to wait for the accused. Thereafter the six accused went on foot and according to the prosecution reached village Kanjian a