( 1 ) CR. A. No. 1654 of 1961 is by Ram Sanehi while Cr. A. No. 1795 of 1961 is by Sheo Rakhan and Ram Nath. The appellants were prosecuted on a charge of dacoity with murder under section 396 I. P. C. and each of them was sentenced to imprisonment for life.

( 2 ) THE case against the appellants was as follows : On the night between the 28th and 29th of nov. , 1960 some four or five miscreants committed dacoity at the house of Mam Ram in village kachpura, within Police Circle Jaswantnagar, District Etawah. The presence of the miscreants was noticed by Smt. Laro, mother of Mani Ram. She immediately came out of the room and raised an alarm. The night in question was a moonlit one. Several persons of the locality came on the scene and are said to have recognised the dacoits when they came out of the house of Mani ram after collecting their booty. One of the dacoits, namely. Ram Nath accused, belonged to a neighbouring village which was at a distance of two or three furlongs from the house of the victim, and was recognised by the witnesses. The other dacoits were, however, not known to the witnesses from before. An attempt was made by the villagers to chase the dacoits who m