K.S. Sidhu, J. - (1.) This judgment deals with two criminal appeals listed above. These appeals have arisen in the following circumstances.
(2.) A dacoity was committed by a number of bandits in village Khanpur Police Station Bhusawar on the night between November 12 and 13, 1969. It is alleged that the dacoits deprived a number of persons including women of their ornaments and that they used fire arms in the commission of dacoity. One Rudiya who suffered a gun shot wound died subsequent; in the hospital. The report of the occurrence was lodged with the police by PW Shivram Singh On November 13, 1969.
(3.) After investigation, police sent up Kirori, Purshottam and Dhakii for trial under section 396 IPC in the year 1970. It is alleged that the present appellants, namely, Raghunath and Laxman, who were also members of the gang which committed this dacoity, were absconding at that time. They were re-arrested on May 14, 197L The trial remained pending for a long time.;