Poonam Srivastav, J. - (1.) Both the appeals have come up against a common judgment dated 6.6.1981 passed by the Vth Additional Sessions Judge, Varanasi convicting the accused Jabbar, Sadan and Mrityunjai in Sessions Trial No. 189 of 1980, under Sections 399, 402, I.PC. and sentencing them to four years R.I. and also under Section 25 Arms Act awarding sentence of three months R.I. The two appeals arise out of the same judgment and, therefore, I proceed to decide both the appeals by a common judgment.
(2.) Despite cancellation of bail of the two appellants, their presence could not be procured and finally Sri Jeevanji Srivastava Advocate was appointed as Amicus Curiae by this Court videorder dated 30.10.2009. He has argued both the appeals today.
(3.) The occurrence is alleged to have taken place on 18.5.1980 at 3.20 A.M. in the vicinity of Railway Station, Varanasi Cantt., West of the Parcel Office, G.R.P. G.R.P. Police Station is situated at a distance of 300 yards. The F.I.R. about the preparation by the accused to commit dacoity was lodged on the same day i.e. 18.5.1980 at 5.10 A.M. by Sri R.S. Kushwaha, Station Officer, G.R.P.;