B.K.SHARMA, J. - (1.) Both these appeals have been heard together as they arise out of a common judgment dated 1-8-85 passed by Sri P.N.Lal, the then Special Judge/Addl. Sessions Judge, Shahjahanpur in S.T.No. 323 of 1984, connected with S.T.No. 368 of 1984 and S.T.No. 370 of 1984, whereby he convicted all the three accused-appellants of the offence under S.396 IPC and sentenced them to undergo imprisonment for life and further convicted Chhotey accused-appellant and Khan Singh alias Ujagar Khan accused-appellant of the offence under Section 25 Arms Act and sentenced Chhotey accused-appellant to undergo six months R.I.for the offence under Section 25 Arms Act and sentenced Khan Singh alias Ujagar Khan accused-appellant to undergo R.I.for one year for the offence under Section 25 Arms Act.
(2.) The prosecution story was to the effect that a dacoity took place on 12-2-84 at about 7.30 P.M.in village Kumbhia Maphi, P.S.Khutar, district Shahjahanpur, in which six dacoits participated and they looted licensed gun No. 89963 from Sunder of his brother and looted licensed gun No. 2283 from Badshah, which was of his father, that when the looting was resisted and an alarm was raised and village people were seen coming the dacoits shot Badshah dead and also injured Sunder by firing two shots; that thereafter the dacoits fled away with the looted guns and cartridges; that Rampal witness also received Lathi injuries in the occurrence, that it was moonlit night and that Sunder died later.
(3.) The assailants were identified in the moon light and in the light of torches. In another incident of dacoity at the house of Chhotey Lal, in village Kisariapur, police station Sehra Mau North, Chhote Lal snatched above licensed gun No. 2283 from the dacoits and deposited the same at police station Sehra Mau North.;