( 1 ) THE above three appeals arise from a common judgement in S. T. No. 38 of 1977 State v. Sakil and others dt. 5th Mar. , 1979 passed by Sri B. B. Sisodia, III Additional Sessions Judge, Jaunpur, convicting and sentencing the appellants under S. 395 read with S. 397, I. P. C. to seven years R. I. each.

( 2 ) THE prosecution case, in brief, is that on 16-5-1976 Hafiz Muneer Ahmad had gone to Khetasarai to realise money from his customers and was returning from there at about 7 p. m. to his village. At about 8 p. m. when he reached Sabrahad Chatti he took tea at the tea stall of Abdul Jabhar and thereafter at about 8. 30 p. m. he proceeded to his village on his bicycle through the Kuchcha road. It is alleged that he was having a torch with him. His bag containing Rs. 920/- towel, papers of account and invitation card was hanging on the handle of his bicycle. It is further alleged that at about 8. 45 p. m. when he reached near the culvert on that Kuchcha road, six miscreants ambushed him. One of them caught hold of his cycle and the rest tried to snatch his bag containing cash and other articles. When Hafiz Muneer Ahmad attempted to offer some resistance, he was att