JUDGMENT :- This is an appeal by Dal Chand and Pitam against their conviction of an offence under S.395, I.P.C. and the sentence of seven years rigorous imprisonment passed upon each of them by the learned Additional Sessions Judge of Bareilly.

2. It appears that eight persons in all were put upon their trial. Six of them were acquitted and the two appellants were convicted and sentenced.

3. On the night of the 27th of February, 1950 - it was a moonlit night - about midnight an armed dacoity appears to have been committed at the house of one Lala Ram in village Angadpur Khamaria. It is the prosecution case that some twenty persons participated in this dacoity. The family of Lala Ram is a well-to-do family of Chamars, the head of which is Lala Ram. He has three other brothers viz. Jhamman, Hori and Birbal, prosecution witnesses, and a son named Ram Lal P.W.1. On the night when the dacoity was committed, Lala Ram was not at his house but was at his Kolhu, while his three brothers and the son Ram Lal as also the ladies of his family were sleeping inside the house. The dacoits are said to have been armed with guns and lathis. Inside the house a lantern is said to have been burning at the

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