P. N. Bakshi, J.:- Ali Hasan, Sher Khan, Lakhan Singh, Ashraf and Ghulam Nabi have been convicted by the Sessions Judge, Bijnor for an offence under Section 396, I.P.C. and each of them has been sentenced to imprisonment for life. Shafiq Ahmad has been convicted by the same judgement and order dated 4th February, 1970 for the offences under Sections. 411, I.P.C. and 25. Arms Act and sentenced to 2½ years rigorous imprisonment and a fine of Rs. 200 on the first count and 1½ years rigorous imprisonment on the second count. Both the sentences have been made to run consecutively. Criminal Appeal No. 373 of 1970 has been preferred by Ali Hasan, Sher Khan. Ashraf and Ghulam Nabi. Criminal Appeal No. 778 of 1970 has been preferred by Lakhan and Criminal Appeal No. 437 of 1970 has been preferred by Shafiq Ahmad against their respective convictions.

2. Jai Prakash is a Police Constable, who during the relevant period was posted at Police Station Najibabad. He was on leave at his house in village Chehal on the date when the dacoity in question was committed. He lived in a portion of Haveli which is situate in village Chehal and which is inhabited by several other residents of the vil