Dipak Misra, J.

1. In both the appeals challenge being to the decision rendered in ST. No. 152/83 by the Special Judge, Chhatarpur, they were heard analogously and disposed of by this common judgment.

2. The prosecution case, in brief, is that on 28.5.83 after getting some reliable information the Sub-Inspector (PW.5) and the Head-constable (PW.2) alongwith Pitare (PW.1) and Hardas (PW.4) went to Shyam Ke Khoda. There they saw the accused persons had hidden themselves being armed with weaspons. After due efforts the present accused persons and some others were apprehended. It is the further case of the prosecution that the accused persons were armed with weapons and preparing for committing dacoity in the house of one Mohan Lodhi. Taking advantage of the darkness accused-Rajau and Malik Singh escaped and, therefore, they could not be apprehended immediately. Later on, they were taken to custody. After their arrest in presence of Pitare (PW.1) and Hardas (PW.4) a 12 bore Katta and two live catridges from the Mutka and one pistol from the accused Chunta were seized. The said accused persons had no licence to possess the said arms. From Maiyadin one 'lathi' and from Lakhan one '