SINGH, J. : This appeal and connected Government, Appeal No. 693 of 1961 arise out of Sessions Trial No. 5 of 1960 in which two persons, Nagina of village Sipaya and Sheonandan of village Iswapur in Bihar, were tried for offences under Ss. 120-6 and 396, I.P.C. The Additional Sessions Judge, Gorakhpur, acquitted Nagina, but convicted Sheonandan under both the provisions and sentenced him to imprisonment for life under Section 396 and to 10 years rigorous imprisonment under Section 120-B, I.P.C. He has, therefore, come up in appeal against his conviction and sentence as aforesaid, while the State of Uttar Pradesh has filed the appeal against the acquittal of Nagina, for the aforesaid offences. These two appeals were heard together and we propose to deal with both of them in the same judgement.

2. A daring dacoity took place at about 8.30 P.M. on 2nd February, 1959, in a second class compartment in 216-Down train of the North Eastern Railway between Lakshmiganj and Ramkola railway stations.

3. Shanker Das (P.W. 3) is a cashier in the Ramkola Sugar Mills. He cashed a cheque for rupees one lac for distribution of salaries on 2nd February, 1959, at the Central Bank at Gorakhpur