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 "Kardhoni" was seized vide Ex. P/9 and "Katarna" was seized vide Ex. P/10, dated 28.6.1991.

5. The prosecution case in brief is that a dacoity was committed in the house of Param (P.W.1) in the night of 23/24th of May, 1990 in between 3-4 A.M., which is situated in his field in village Naroda. The appellant.., entered into the house of Param (P.W.1) for committing dacoity armed with deadly weapons and robbed away one "Kardhoni" worth Rs. 1200/-. In the night of occurrence Param (P.W. 1) along with his wife Pyraribai and daughters Sonabai and Shantibai was in side his house. Param was sleeping out side the house. In the night at about 3 or 4 A.M. Param (P.W. 1) saw torch light and saw 3 persons adjacent to him, who did not respond to his saying "Ram Ram". All the three persons came near to the complainant Param (P.W. 1), out of whom one was having "Sang" and Lorch and the other was having "Katarna" and said handover the money and the ornaments as they may be having. The person who was armed with "Sang" hit Param (P.W.1) on his right rib with that "Sang". The third persons was said to have been armed with Lathi, who hit him with Lathi. At that time Sonabai, the daughter of Param (P.W.1), out of fear ran away to the house of Mansingh. Shanti, the older daughter of Param (P.W.1), was wearing "Kardhani" of Sonabai hide the same inside her clothes. It was also stated that one person was addressing the other as "Babloo', who entered into the house, and the person who was armed with "Sang" he searched the bedding where the "Kardhani" was hidden and he took the same. Thereafter all the three persons went towards Thakur Baba. On hearing hue and cry people of the other hamlets came there and subsequently they went to side of village Naroda.

6. The prosecution examined as many as 11 witnesses. Param, the complainant, was examined as P.W. 1. Pyaribai, the wife of Param (P.W. 1), was examined as P.W. 2. Sonabai, the daughter of Param (P.W. 1), was examined as P.W. 3. Shanti was examined as P.W. 4. Shriram from whom appellant No.1 Deshraj borrowed the torch was examined as P.W. 5. Laxminarain before whom the memorandums of seizures were prepared was examined as P.W. 6. Asgar Ali Khan, Naib Tahsildar, who conducted the test identification parade was examined as P.W.7. Uttam, who was the witness of seizure, was examined as P.W.8. Mahesh Prasad Rajoria, Assistant Sub Inspector of Police, who took down the F.I.R. and made the initial investigation was examined as P.W. 9. K.G. Vaidya, Town Inspector, was examined as P.W. 10 and Ramniwas Khare, Revenue Inspector, who prepared the site plan was examined as P. W. 11.

7. The appellants as usual denied their involvement in the alleged incident of dacoity, but did not lead any defence evidence.

8. Heard Shri Surendra Singh, lea