1. Having been convicted in S.T. No. 311/93 appellants Deshraj, Rajdhar and Buddha have by means of present appeal approached this Court for setting aside their conviction and sentence. Accused Deshraj and Rajdhar were convicted under sections 394/397/34 and 450/34, I.P.C. and accused Buddha was convicted under sections 394/397 and 450 I.P.C.

2. Appellants Deshraj and Rajdhar were sentenced to 7 years R.I. u/s. 394/397/34 and 3 years R.I. u/s. 450/34, I.P.C. and appellant Buddha was sentenced to 7 years R.I. u/s. 394/397 I.P.C. and 3 years R.I. u/s. 450, I.P.C.

3. The occurrence in question took place in the night of 23/24th of May, 1990 at about 3 or 4 O' clock in the morning in the house of the Param in village Naroda, district Sagar. Report (Ex. P/1) of the incident was lodged on 24.5.1990 at P.S. Khurai at 13.50 hrs. by Param (P.W. 1).

4. According to the learned counsel for the appellants the appellants were arrested on 28.6.1991 and from appellant No.1 Deshraj one "Sang" (pointed instrument) was seized vide seizure memo Ex. P/12 dated 28.6.1991. From appellant No.2 Rajdhar one Lathi was seized vide Ex. Pill dated 28.6.1991 and from appellant No.3 Buddha one silver "K