( 1 ) THESE are two connected Criminal Appeals arising out of the same case. Maiku is the appellant in Criminal Appeal No. 474 of 1960, while Holi and Sheo Bechan are the appellants in criminal Appeal No. 507 of 1960. All the three appellants have been convicted under Section 395. P. Code and sentenced to ten years rigorous imprisonment each. Two other accused persons Buddha and Chhedu were also prosecuted in this case, but they were acquitted by the trial court. The appellants are represented by two different counsel.

( 2 ) BRIEFLY stated the prosecution story is that a dacoity was committed at the house of Munnu singh, (P. W. 2), a resident of village Rasulpur, police station Khairabad, district Sitapur, on the night between the 3rd and 4th of August, 1959. This dacoity was committed by about 20 to 25 dacoits, who possessed various kinds of arms including fire-arms. In the course of this dacoity munnu Singh and several of his relations were injured. Munnu Singh himself received gunshot injuries, though not of a serious character. His servant Ajodhya, his daughter-in-law Shrimati mohini, his son-in-law Inderpal Singh and his son Vishnu Prakash were the other injure