Navita Singh, J.

Though the FIRs in the abovementioned cases were different, the trial Court passed a common judgment as the weapons allegedly used by appellants Ved alias Krishan and Rajpal alias Babli were in relation to the offences under Sections 395, 397, 399 and 402 read with Section 511 of the Indian Penal Code (IPC for short), which was the main case. Out of the persons named as accused at that time, Sanjay was declared proclaimed offender while Ram Mehar died during trial. It is now submitted that during the pendency of the appeal, Rajesh also died. The appellants now are Ved alias Krishan, Rajpal alias Babli and Naveen alias Minha.

2. The prosecution case was that on 1-7-1998 Roshan Lal, Assistant Sub Inspector (ASI) along with Puran Singh and Indraj Singh, Head Constables and some constables was present at Higher Secondary School, Rakhi Shahpur road on patrolling duty in Government jeep No. HNT-17, which was being driven by Ramesh Kumar. Secret information was received that all the persons accused were sitting behind the khokhas at Kheri Chowk and were planning to commit dacoity by stopping the vehicles on road and they were also having arms. In view of the above