- (1.) S. C. Jain, J. This is an appeal filed by the appellant, Sonai, Dhanman and Malai against judgment and order dated 4- 12-1979 passed by IV Addi tional Sessions Judge, Mirzapur in Sessions Trial No. 129 of 1979 whereby the appellants Sonai and Malai were convicted and sentenced to undergo three years rigorous imprisonment under Section 394, I. P. C. and appellant Dhanman was convicted and sentenced to undergo R. I. for seven years under Section 394 read with Section 397,i. P. C.
(2.) I have heard learned Counsel for the appellants and learned State Counsel and perused record of the case. The facts having rise to this appeal are that Jai Ram, Complainant alongwith his family members, i. e. , his wife, Smt. Munai, son Govind and daguhter-in-law, Smt, Rauni, were living in a hut at a distance of two miles from village Ori in a grove at the outskirts of the village. There was no other inhabitation near about the hut of Jai Ram. In the night between 5/6-3-1979 at about 12-30 a. m. all the appellants, namely, Sonai, Dhanman and Malai committed robbery of the property of Jai Ram from his hut and during the course of commission of robbory they used fire-arms and caused injuries to Govind and Jai Ram and, therefore, they were charged to face trial under Section 394/397, I. P. C.
(3.) AFTER appreciating the evidence on record and either circumstances the learned IV Additional Sessions Judge, Mirzapur by his judgment and order date4 4-12-1979 found the appellants, Sonai and Malai guilty under Section 394, I. P. C. and accused Dhanman was found guilty under Section 394 read with Section 397, I. P. C. Appellants Sonai and Malai were sentenced to undergo rigorous imprisonment for three years under section 394, I. P. C. and appellant, Dhanman was sentenced to undergo seven years rigorous imprisonment under Section 394 read with Section 397, I. P. C. Feeling aggrieved, all these three appellants have filed this appeal.;