R. N. SHARMA, J. :- This is an appeal by the State of Uttar Pradesh against the judgment of the learned Assistant Sessions Judge, Hardoi, acquitting the respondents, Neel Kanth and Drigpal of the charges under Ss. 399 and 402 Indian Penal Code.

2. Briefly stated the prosecution story was as follows; Rajendra Prasad Singh, Station Officer of Police Station Atrauli, was going in connection with the investigation of a murder case and when he reached near village Godenra he received information that the gang of Munnu Lal would assemble at Behta Bridge in the night for committing dacoity at the house of Rameshwar Dayal of village Mahmoodpur. Rajendra Prasad Singh went to Police Station Sandila and communicated this information to Raghubir Singh, Station Officer of that place. An entry of this information was made in the general diary. The station officer of Sandila sent two constables to village Mahmoodpur for keeping guard at the house of Rameshwar Dayal and he himself along with Rajendra Prasad Singh and other police personnel proceeded towards Behta Bridge. The police party collected some non-official witnesses also and went to a grove near Behta Bridge. Necessary instruction