JUDGMENT

H.L. Capoor, J. - This judgment shall govern all these appeals as they arise out of the same incident.

2. Mohd. Yaqoob, Ram Dhani, Chhedi Lal, Ram Kripal, Mukhtar, Matiullah, Bashir Ahmad, Baijnath, Haneef and Noor Mohammad have preferred these appeals against the judgment and order, dated September 23, 1970, of Sri S.D.N. Singh, Civil and Sessions Judge, Allahabad, convicting all the appellants under sections 399, 402 and 325 read with section 149 I.P.C. and sentencing each of them to four year's and one year's R.I. respectively, and, also convicting Mohd. Yaqoob, Baijnath, Haneef and Noor Mohd., appellants under section 25 (1) (a), Arms Act, and sentencing each of them to two year's R.I. the sentences of all the appellants, how- ever to run concurrently.

3. The prosecution story, in brief, is that Sri Ram Singh Tewari, S.I. Dhumar.gan j, got an information through an informer on May 28, 1968 at 1 1.30 O'clock in the morning that three persons were sitting near the temple at Ganga Ghat Ghiyasuddinpur in suspicious circumstances, one of them having a gun with him He, accordingly, in the company of Harbansh Singh, S.I. and several constables proceeded to that place and arres