- (1.) These appeals are filed under Section 379 of the Code of Criminal procedure. These five appellants along with two others were tried for offences punishable under S. 395, 396, 397 and 449 of the Indian Penal Code. Two of them were tried under Section 25 read with Section 27 of the Arms Act. Mithlesh was tried for offences punishable under S. 216 and 412 Indian Penal Code. The trial court acquitted all of them. The State preferred an appeal. During the pendency of the appeal the two accused Devi Singh and Kishore Singh died and the appeal against them stood abated.
(2.) The High court, however, relying on the evidence of the eyewitnesses who participated in the identification parade and the recovery effected allowed the appeal and set aside the acquittal and convicted Mansingh, Rati Ram, narayan Singh and Shiv Ratan under S. 395/397, 396 and 449 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for ten years under each count. Rati Ram was further convicted under Section 25 read with Section 27 of the Arms Act and sentenced to undergo three years' rigorous imprisonment. Mithlesh was convicted under Section 412 Indian Penal Code and sentenced to undergo five years' rigorous imprisonment. His acquittal under Section 216 was affirmed. Sentences were directed to run concurrently.
(3.) Aggrieved by the said judgment of the High court the convicted accused have preferred these two appeals. The prosecution case is as follows.;