H.N. Kapoor, J.

1. THESE are three connected appeals by five persons, Chandrika, Kashi, Amrika, Fakirey and Mohammed Jamil against the order and judgment dated 11-8-1976 of the First Addl. Sessions Judge, Bahraich convicting them u/Section 399/401 IPC and sentencing each of them to five years RI. Fakirey. Jamil and Chandrika have been further convicted u/Section 25/27 Arms Act and have been sentenced to one year's RI each. All the sentences have been directed to run concurrently. Two other persons Kallu and Chhotey too were convicted u/Sections 399/402 IPC but they have not filed any appeal.

2. THE prosecution case is that on 24-8-74 at about 8.40 p. m. station officer Chandra Shekhar Singh PW 1 of police station Nanpara got information that a gang of dacoits would collect at the Khandhar of Suleman in village Lakhaiya to commit a dacoity at the house of Baburam Kurmi of that village. At that time on account of the panchayat elections in the village armed constabulary was also stationed at Nanpara. So Chan- drashekher Singh took with him SI Ramdeo Singh and a police force and also took the Platoon Commander Sri Purshottam Singh and some constables of the PAC and started wit