Hon’ble Shiv Shanker, J.—This criminal appeal, under Section 374(2) Criminal Procedure Code, has been filed against the impugned judgment and order dated 16.2.1982 passed in Session Trial No. 376 of 1980, State v. Jhabboo and others, convicting the accused Jhabboo for the offence under Sections 395/397 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for 10 years. Other accused-appellant Sunder, Hansh and Itwari were also found guilty for the offence punishable under Section 395 Indian Penal Code and they were also convicted and sentenced to undergo rigorous imprisonment for 10 years each.

2. Brief facts arising out in this criminal appeal is that Sri Punni son of Khushali lodged the First Information Report on 21.6.1979 at 12.40 p.m. regarding the occurrence dated 20/21.6.1979 at about 11.00 p.m. after covering the distance of 10 km. Against all the four appellants and some unknown miscreants wherein it has been stated that all the four accused-appellants named in the First Information Report along with some unknown persons had entered in the house of informant and committed dacoity and they have taken ten articles mentioned in the F.I.R. In th