Mahendra Bhushan, J. - (1.) The above named four accused appellants have been convicted u/s 395/397, IPC by the learned Add. Sessions Judge, Dholpur, and each of them has been sentenced to suffer 7 years R. I. and a fine of Rs. 500/-, or in default to six months R. I.
(2.) The accused appellants have filed three appeals, and as they arises out of the same judgment of the learned Addl. Sessions Judge, they can be conveniently disposed of by a common judgment.
(3.) Stated briefly, the case of the prosecution is that in the night intervening 13/14th May, 1977, a dacoity is alleged to have taken place in the house of Pradip Kumar (PW 2) situated in village Godupura, Tehsil Rajakhera, District Bharatpur. It is alleged that 10 miscreants came to the house of Pradip Kumar (PW 2) and 5 out of them remained standing out side the house and only 5 entered the house. They, were armed with guns, and Pradip Kumar and others were all sleeping in the Chowk. The dacoits asked Pradip Kumar to hand over the bunch of keys of the Kotha where the ornaments etc. had been kept. He banded over the bunch of keys and there after it is alleged that the dacoits kindled kerosene lamp, which was lying in the 'Ala' with the help of a match stick, and with the help of that lamp opened the lock of the Kotha and took away Rs. 4,000/- cash from one box. Thereafter it is alleged that the dacoits asked the family members, who had also awakened by them and were in the chowk, to hand over their ornaments to them. The ornaments of Shashi (PWI), of Kanta (PW 3) and one Kinno (not produced) were taken by the dacoits. The case of The prosecution is that when the end of a barrel of a gun was placed at the chest of Pradip Kumar (PW ), he was awakened and he identified the two accused appellants, Amarsingh and Harisingh, and one Jhapa, who were known to him from before. The villagers also arrived and it is said that they also chased the dacoits, but the dacoits in order to scare them away fired twice in the air.;