JUDGMENT

M.H. Beg, J. - The appellant Chakki has been convicted under Section 395, I. P. C. and sentenced to seven years' rigorous imprisonment and the appellant Jag Narain has been convicted under Section 412, I, P. C. and sentenced to seven years' rigorous imprisonment by an Additional Sessions Judge of Jhansi.

2. Both the appellants were arrested and prosecuted after a dacoity had been committed at the house of Rameshwar (P.W. 2) in village Pursua at about 8 P.M. on the night between 7th and 8th June, 1961 by seven or eight persons. In course of the dacoity, Durga Prasad (P.W. 5) the son of Rameshwar (P.W. 2) was beaten and also sustained gunshot injuries inflicted by the dacoits. A first information report was duly lodged at police station Gursarai on 9th June, 1961 at 12-30 A.M. in which a description of the dacoits was at tempted, and it was mentioned that some of them had moustaches. It was also mentioned in the first in-formation report that the dacoits were seen well in the light of lantern and the torches and could be identified on seeing them again.

3. The appellant Chakki Lal was arrested on 13-8-1961 and made bapurda at once and sent to jail bapurda immediately. He was