JUDGMENT

Ramabhadran, J. - These three appeals arise out of the Sessions Trial No. 10 of 1963, wherein four accused persons, including the three appellants were tried of an offence under Section 395 IPC on the footing that they had participated in an armed dacoity that was committed at the houses of various persons in Village Bhian, P.S. Jalesar, District Etah, on the night intervening 6th and 7th June, 1961. The three appellants were found guilty and were accordingly convicted and sentenced to undergo ten years' rigorous imprisonment each. The fourth accused Gyan Singh was, however, acquitted. Toofan Shah and Subedar have filed their appeals through counsel, while Rachpal Singh's appeal is from jail. The three appeals have been heard together as they arise out of the same trial.

2. There can be no doubt that a large number of dacoits, said to be 20 or 25, did raid the Village in question and committed dacoity at the houses of Sheitan Shah (P.W.8) and others, during the course of which injuries were caused to Sri Pal Shah, (P.W.5). Torches were flashed not only by the dacoits but also by the Villagers. Two bundles of dried Arhar plants and thatch grass were set on fire by some of th