MEHROTRA J.

( 1 ) GHISSU, Mohar Singh, Janak Singh, Ranicharan, Pemraj and Baburam were tried by the learned Additional Sessions Judge of Budaun under Section 399, I. P. C. In the alternative they all but Mohar Singh were further charged under Section 402, I. P. C. Baburam, Ghissu Khan and janak were further charged under Section 19/20 (f), Arms Act and accused Mohar Singh was further charged under Section 19 (f), Arms Act. The learned Additional Sessions Judge acquitted all the accused under Section 399 or 402, I. P. C. He, however, convicted Janak Singh, Ghissu Khan and Baburam under Section 19/20 (f) of the Arms Act and sentenced them to three years R. I 2 1/2 years R. I. and 2 years R. I. respectively. The three accused who have been convicted under Section 19/20 (f), Arms Act have filed an appeal to this Court against their convictions which is numbered Criminal Appeal no. 754 of 1952. The State has filed an appeal against Ghissu Khan, Janak Singh, Ramcharan, pemraj and Baburam against their acquittal.

( 2 ) THE prosecution case is that on 16-10-1951, one Phullan Shah who is a prosecuting witness was going from his village Jagat to his father-in-laws place in village Chanderna