Randhir Singh, J.

[1] Chandrapal, Banwari, Chiranji, Malkhan, Debi and Jangi appellants who have been convicted under 8. 395 of the Penal Code and have been sentenced to six years' rigorous imprisonment and a fine of Rs. 100/- and Ram 'Swarup and Bhola who have been convicted under Section 412 of the Penal Code and sentenced to 'two years' rigorous imprisonment and a fine of Rs. 50/- by the Additional Sessions Judge of Hardoi, have come up in appeal against their conviction and sentences.

[2] It appears that a dacoity was committed at the house of one Gokul in village Nawabganj, also known as Bhulbhulaganj, in the district of Htirdoi in the small hours of 11-7-1951. Some 20 or 25 persons raided the house of Gokul and inflicted injuries on some persons and looted property. An alarm was raised whereupon the neighbours arrived and the dacoits decamped. First information report was lodged by Gokul on 11-7-1951 at 7-30 A.M. at police outpost Pachdeora, which was at a distance of about 2 miles from the place of occurrence.

Gokul mentioned the names of 15 persons who were identified at the time of the dacoity amongst the assailants and also mentioned the names of some witnesses who had turned up on hearing the alarm and had seen the faces of the dacoits. Investigation was taken up by the police. The investigating officer reached the place of occurrence at about 11 A.M. A list of stolen property was given at the time when the first information report was lodged and it was also mentioned in the first information report that the inmates of the house would disclose other items of property which had been looted by the dacoits. A further list of stolen property was given to the investigating officer when he reached the village.

The investigating officer prepared a site plan, and after investigation, sent up 18 persons for trial. Out of those whose names were mentioned among the dacoits in the first information report, only two Chandrapal and Banwari were challaned. Of the 8 appellants, Ram Swarup and Chiranji, were arrested on 27-7-1951. Debi surrendered in court on 23-7-1951, Chandrapal surrendered on 27th July, Bhola surrendered on 25-8-1951 and Jangi and Malkhan surrendered on 27-8-1951. It is not apparent from the record as to when Banwari was arrested. As a result of the investigation, in all 18 persons were challaned by the police. Of these ten have been acquitted and the remaining eight, who are the appellants in this case, were convicted by the Additional Sessions Judge and sentenced to the terms of imprisonment mentioned above.

[3] The defence of the appellants was that they have been implicated out of enmity and that they did not take part in the alleged dacoity.

[4] That there had been a dacoity of a serious nature at the house of Gokul in the early hours of 11-7-1951, is not seriously in dispute. The dacoits were armed with fire-arms as is apparent from the injuries received by some of the inmates. A chappar was also set on fire and two goats were burnt alive. During the course of the investigation houses of a number of persons were searched. Ram Swarup Singh appellant brought out a locked box when his house was searched and took the key of the lock from his mother. He took out a dhoti Ex. IX, the description of which tallied with the description of item No. 15 in the second list of stolen property made over to the investigating officer when he came to the village. The shop of one Ram Murat Saraf was also searched and karas Ex. IV were recovered from his shop. A bahi kept by the sarraf which had an entry that these karas had been sold by Bhola appellant to Ram Murat on 16-7-1951 in return for Rs. 100/9/- was taken possession of.

The karas and the dhoti, along with some other articles which were recovered from other places, were put up for Identification after they had been mixed up with other articles and were identified by the inmates of the house. On the basis of the recoveries mentioned above, Ram Swarup and Bhola were f