Judgment

DUA, J.:- Five persons were tried in the Court of the Additional Sessions Judge, First Court, Monghyr for charges under Section 395, 307 and 398, Indian Penal Code. All of them were convicted under Section 395, Indian Penal Code and acquitted of the charge under Sec. 398, Indian Penal Code. Accused, Akal Yadav, was in addition convicted under Section 307, Indian Penal Code and was sentenced to undergo rigorous imprisonment for life under each count. The other accused persons were sentenced to undergo rigorous imprisonment for ten years each under Section 395, Indian Penal Code.

2. On appeal the High Court set aside the convictions of Akak Yadav, Anandi Yadav and Ashique Mian and allowing their appeals acquitted them. The convictions and sentences of Sheikh Hasib alias Tabarak, the appellants in this court and of Sheikh Quddus alias Khudwa were maintained. Sheikh Hasib alias Tabarak alone has appealed to this Court with special leave under Article 136 of the Constitution.

3. According to the prosecution case, on January 28, 1963 at about 7.45 p.m. several dacoits had collected on P. W. D. road near Telia Talab, Monghyr Police Station mofassil and committed dacoity in respect o