B.N.KATJU, J. - (1.) SOORAJPAL , Ganga,Ram have filed this appeal aganmthe judgment of the Civil judge, Budaun dated May 5, 1972, passed in Sessions Trial No. 5 of 1972, convicting them under section 395 I. P. C. and sentencing them to seven years R. I.
(2.) THE case of the prosecution is that the appellants akmg with seven or eight other persons committed dacoity in the houses of Ram Chandra (P. W. 1), Hira Lal and Man Singh in village Mandhian at about mid-night between 26th and 27th April, 1971 in which property was looted. The first information report was lodged by Ram Chandra (P. W. 1) at police station Qadarchown on 26-4-1971 at 6.20 a.m. None of the appellants was named in this report as they were not known to the informant and other witnesses before the occurrence.
(3.) THE appellants were arrested on 18-9-1971, by Sheoraj Singh, S. O., Qadar chowk (P.W. 10) in village Nibia, where they resided. They were made 'baparda' and brought to Police Station Gaudungwara on the same day. They were kept 'baparda' at Police-Station Gaudungwara and were taken 'baparda' from Police-Station Gaudungwara and admitted in District Jail, Etah on 19-9-1971. They were taken from Dis­trict Jail, Etah 'baparda' on 6-10-1971 and were admitted in District Jail, Budaun on 7-10-1971.;