M.L.Jain, J - (1.)This appeal arises out of the judgment of the learned Additional Sessions Judge, Dholpur, dated Aug. 28, 1973, by which he convicted the appellants under sections 395 and 397, Penal Code and sentenced them each to rigorous imprisonment for seven years on each court and a fine of Rs. 1,000.00 in default to further rigorous imprisonment for six months.
(2.)I have heard arguments and examined the record.
(3.)On the night intervening 18th and 19th Dec., 1972, a dacoity took place in District Bharatpur in the village of Tikapura in the house of Indrapal PW 10, Padam Singh PW 6 and Gyasiram PW 5. Accused appellant Jahan Singh is alleged to have been caught by the villagers at the time of the occurrence. It appears from the record of the court of the Munsiff-Magistrate, Dholpur, that accused Mata Prasad and Nemi Prasad surrendered in the court. The police submitted final report under section 169 Cr. P. C. against Mata Prasad and he was discharged on 26-2-73. Accused Prabhati, Ramsia, Bhanwaria, and Ramlal were proceeded against under section 512, Cr. P. C. Accused Dewansingh was produced from the Jail at Agra. However, the police submitted final report in respect of Dewan Singh and he was discharged on 2-4-73. Similar report was made respecting Prabhati, woo was discharged on 24-4-73. It further appears that only three persons, namely, Jahan Singh, Nemi and Mawasi alias Ramsia, came to be tried by the learned Additional Sessions Judge, who by his aforesaid judgment acquitted Mawasi alias Ramsia and convicted the remaining two. Hence this appeal.