1. Three appeals have been filed against the common judgment dated 17.01.2001 passed in S.T. No. 175/2000. Criminal Appeal No. 481/2001 filed by two accused persons Nanbhai and Ramsuphal @ Bhukdu has become infructuous because they have completed the jail sentence and they have withdrawn their appeals. Criminal Appeals No. 288/2001 and 377/2001 still survive. Criminal Appeal No. 288/2001 has been filed by Raju @ Tarkeshwar and Criminal Appeal No. 377/2001 has been filed by Mole Yadav. We would discuss the evidence in regard to two accused persons i.e. Raju @ Tarkeshwar and Mole Yadav.

2. Five accused persons were prosecuted for commission of offence punishable under section 396 of IPC. The trial Court held all the accused persons guilty for commission of offence punishable under section 396 of IPC and awarded life imprisonment along with fine of Rs.500/- each appellant.

3. Prosecution case in brief is that on 14.5.2000, Rajesh Pandey, who was working as Salesman in a country made liquor shop at Amlai Paper Mills, was coming along with his assistant Banwari Lal Tripathi to Singhpur on a motorbike. He had an amount of Rs.22,000/- in a bag with him. The aforesaid amount had to b