JUDGMENT

H. C. Pati Tripathi, J. - Criminal Appeal No. 2525 of 1963, filed by Het Ram and Criminal Appeal No. 92 of 1964, filed by Likhi, Fatte and Parshadi, are directed against a common judgment of the learned Civil and Sessions Judge of Bulandshahr, whereby he has convicted the appellants of an offence under Section 396 of the Indian Penal Code and has sentenced them each to undergo imprisonment for life.

2. The prosecution story may be stated briefly. Sub-Inspector Balbir Singh Chauhan, station officer of P. S. Siana, received information that an armed dacoity was to be committed in village Sathela, five miles to the west, within his jurisdiction. He made an entry about this information in the general diary and collected his force and having armed themselves with guns, revolvers, very light pistols and torches, the party proceeded towards the village. In the way, they collected some constables and men of the public from the police out-pot, Bhawan and then the party reached the outskirts of village Sathela at about 10-30 p.m. and stationed themselves in a Dharamshala. From there some members of the party, Sub-Inspector Khananpal and head constables Hukam Singh and Abdul Salam wer