P.D. Kudal, J. - (1.) Both these criminal appeals arise out of the same judgment of the learned Addl. Session^ Judge, Bharatpur, dated November 20, 1976, whereby the accused-appellants have been convicted under Section 395, IPC and sentenced to five years rigorous imprisonment and a fine of Rs. 1000/-, and in default of payment of fine to a further rigorous imprisonment for one year.
(2.) As both these appeals are based on common facts they shall be disposed of by one single judgment.
(3.) In brief, the prosecution case is that Mahesh Chandra lodged an FIR at 4 a.m. on 10-7-1973, contending that at about 1 a.m., eight persons entered his house and beat Ramjilal and Ram Chandra. They also beat the ladies and decamped with jewellery, ornaments and cash. SHO Murari Lal PW/12 registered the case and started investigation. He recovered a lathi which the culprits had left behind. After investigation, a challan under Section 395 read with Section 497, IPC was filed against Ratan Lal, Yad Ram, Dharam Singh, Pannalal, Badan Singh and Gir Raj. The learned Addi. Sessions Judge by his judgment dated November 20, 1976 acquitted Ratan Lal, Dharma Singh, Pannalal and Badan Singh, but convicted Yad Ram and Gir Raj as stated above.;