1. On 16-5-1972 in the evening 14 persons were proceeding in five bullock carts to their village Khadera after seiling their grains in the market of Gohad. On the way, at about 9 p.m., near Kalla-ki-kuia, where there is a culvert and village Khathwa nearby, miscreants including Jagdish, Rudsingh, Nathu and Bhota way-led them and looted their cash, gold and Sliver ornaments. wrist-watch, goggles, clothes, etc. In the incident, Kaptan (P.W. 2), Gyaso (P.W. 3) and Harbilas (P.W. 21) were injured by the miscreants. The appellants thereafter decamped with the booty.

2. All the accused were arrested within a short time by the police, looted articles were also recovered from the accused. Accused and articles were identified.

3. Accused Rupsingh was convicted under section 394/34 IPC read with section 27 Arms Act While accused Moham was convicted and sentenced under section 27 of the Arms Act alone. All other 3 persons were found guilty of offence under section 393/34 IPC and were accordingly convicted by the trial Court. Hence this appeal.

4. Held: So far as it being night time, the evidence of the prosecution witnesses is that it was moon-lit night. Merely because of clouds, sca