Mrs. Ranjana Pandya, J. –

Challenge in this appeal is to the judgement and order dated 4.9.1982, passed by Special Judge/Special Court, Kanpur Dehat in S.T. No. 35 of 1982 (State v. Munna and Another), under Section 399 /402 I.P.C. and 25 of the Arms Act, Police Station-Sajeti, District-Kanpur Dehat, whereby the accused-appellants were found guilty and sentenced to 7 years' rigorous imprisonment under Section 399 I.P.C., 5 years' rigorous imprisonment under Section 402 I.P.C. and 1 year rigorous imprisonment under Section 25 Arms Act.

2. The accused-appellant Nos. 1 and 2 namely Panna Lal and Munna Lal have died during pendency of the appeal, hence the appeal in regards to appellant Nos. 1 and 2 have abated.

3. Brief facts of the case are that on 12.12.1981, Sri Om Prakash Jha, Station Officer, P.S. Sajeti, Kanpur Dehat got an information from an informer that a gang of dacoits would commit dacoity in the house of Raja Ram and would assemble in the temple situated in village Bibipur. He got this information entered in the General Diary (GD). Thereafter, S.O. along with S.I. Sri Ram Shankar Shukla and other Police Personnel proceeded from the police station at 10: 00 P.M. by je