Hon’ble Amar Singh Chauhan, J.—This criminal appeal has been filed by the appellants Dev Dutt and Hori against the judgement and order dated 15.12.1984 passed by the Special Judge, Budaun in ST No. 497 of 1981, under Sections 399/402 IPC and 25 Arms Act, PS Rajpura, district Buduan whereby learned Judge convicted and sentenced the appellants to three years RI under Section 399 IPC, two years RI under Section 402 IPC and two years RI under Section 25(1)(a) of the Arms Act. However, all the sentences were directed to run concurrently.

2. The facts giving rise to the present appeal are that in the night of 26.8.1979, Shri D.P. Jual, Station Officer, police station Rajpura rceived a secret information that a gang of dacoits would assemble in the grove of Guava in the night in village Firojpur to commit dacoity at the house of Roop Kishore, Pradhan of the village Shahjahanabad. On the basis of this information, SO, D.P. Jual alongwith SI Yashbir Singh, SI Nand Kishore, some police constables and informer left for above grove. When the police party reached village Sameri, constables Harpal and Suresh Chander have been sent to call public witnesses. After some times, they returned