( 1 ) THESE three appeals are directed against the judgment dt. 19-2-1988 of Additional Sessions Judge, Tikamgarh in Session Trial No. 43/81 whereby appellant Kunwarlal in Cr. Appeal No. 244/88 and appellant Shyamlal in Cr. A. 327/88 were convicted for offence u/s. 396, I. P. C. and sentenced to life imprisonment. The other accused namely; Murli, Dhaniram, Beni, Ghaseeta, Sunnulal and Kaluu alias Siromani Singh who are respondents in Cr. A. 1042/88 filed by the State of M. P. were acquitted of the charges.

( 2 ) THE incident out of which this trial arose occurred on the night between 10th and 11th August, 1980 in the house of one Giloji, a large number of dacoits broke into the house of Giloji in village Najdanwada, P. S. Jairon, district Tikamgarh. The dacoits started beating Giloji and his other family members in order to commit dacoity in the house. Ram Kishor (PW 11), Ramdeen (PW 13), Deshraj (PW 14) and Tulsidas (PW 17) are the sons of Giloji. Betibai (PW 15) and Makkhan Devi (PW 16) are the daughter-in-law of Giloji. They (except PW 13 of PW 14) were in the house when the dacoits entered and beat them and looted the property. They forcibly took away the orname