LALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a joint appeal by Laliya. Jaganriath, Jeewan, Chothia and Gheesa and is directed against the order and judgment of the Sessions Judge. Alwar dated 2711-1965, convicting the first three, appellants for offence under Section 396, indian Penal Code, and sentencing them to ten years' rigorous imprisonment and a fine of Rs. 200; in default, one year's further rigorous imprisonment, and the remaining two appellants for an offence under Section 411, Indian Penal Code, and sentencing them to three years' rigorous imprisonment.

(2.) THE facts material and relevant for the disposal of the appeal may be stated as follows: it is alleged that on 7-8-1964 at about 4 of 5 O Clock seven persons including the five appellants, armed with guns and lathis, arrived in the

(3.) IN this appeal, the learned counsel for the appellants made three submissions: