JUDGMENT 1. - These four appeals one filed by Laxmi Narain appellant from jail registered as S. B. Criminal Jail Appeal No. 23 of 1975, the other represented appeal filed by Nathu registered as S. B. Criminal Appeal No. 80 of 1975, the third represented appeal filed by Kishan Gopal registered as S. B. Criminal Appeal No. 258 of 1975 and the fourth filed by Kisbangopal from jail registered as No. 471 of 1975 are directed against the same judgment and arise out of the same occurrence. As such they are being disposed of by a common judgment. The learned Additional Sessions Judge, Bundi by his judgment dated December 7, 1974 convicted accused-appellants Laxmi Narain, Kishangopal and Nathu under Section 395/397 I.P.C. and sentenced them to seven years' rigorous imprisonment and a fine of Rs. 1,000/- each, in default of the payment of which to further suffer rigorous imprisonment for a period of six months. 2. The prosecution story as disclosed at the trial is that seven or eight miscreants including the accused appellants committed dacoity in village Bhawanipura at 10,30 p.m. on March 27, 1973. During the course of dacoity they broke open the locks, removed the valuables and ornaments and decamped with the property. A written report Ex. P/7 of the occurrence was lodged at the Police Station, Keshori Patan by PW 6 Mohanlal. During the course of investigation ornaments were recovered from the possession of accused Kishangopal. Accused appellant Laxmi Narain was identified by Prabhudass PW 12, Badrilal PW8 and Devi Lal PW 11 in the identification parade held under the supervision of PW.l Pravesh Kumar as one of the miscreants. The identification memo is Ex. P/1. Accused Kishangopal and Nathu were identified by PW. 11 Devilal and PW 12 Prabhudas in the identification parade held under the supervision of PW14 Bhimsen Lekhra. The identification memo is Ex. P/10. The police after investigation submitted a challan against five persons including the appellants in the Court of Chief Judicial Magistrate, Bundi, who committed them to the Court of Sessions for taking their trial under Section 395/397 I.P.C. 3. All the three appellants pleaded not guilty to the charge and the prosecution examined 22 witnesses, out of whom PW 8 Badri Lal, PW. 11 Devilal and PW 13 Prabbudass have been examined as eye witnesses of the occurrence. All the three appellants pleaded not guilty to the charge and the prosecution examined 22 witnesses, out of whom PW 8 Badri Lal, PW. 11 Devilal and PW 13 Prabbudass have been examined as eye witnesses of the occurrence. All the three witnesses identified the accused appellants in the Court as well as in the identification parade. PW. 21 Nand Singh is the investigating officer in this case. 4. The learned Sessions Judge placing reliance on the Statements of the eye witnesses held all the three accused guilty of the offence punishable under Section 395/397 I.P.C. and sentenced them as mentioned above. 5. It is not necessary for me to consider the prosecution evidence in detail and all the circumstances brought forth on the record by the prosecution to establish the guilt against the accused, as the learned Advocates appearing on behalf of the appellants have conceded that there are no sufficient grounds made cut for challenging the fact .that the accused-appellants participated in the dacoity, which is alleged to have been committed on March 27, 1973 in village Bhawanipura. However, I have looked into the relevant portion of the record and am satisfied that the prosecution has established beyond reasonable doubt by overwhelming evidence that the incident did take place in the manner alleged by the prosecution and the accused-appellants participated in it and committed dacoity. 6. The only question which has been canvassed before me by the learned counsel for the appellants is that there is no reliable evidence to hold that a particular accused was armed with a deadly weapon and used the weapon during the course of the dacoity. The learned public prosecutor appearing on behalf of the State agrees to it. Vague Statements by the prosecution witnesses that the accused were armed with gum and other deadly weapons is not sufficient to fasten the guilt on any. of the accused under Section 397 I.P.C. The evidence on record is not sufficient to convict any of the accused under Section 397 I.P.C. Their conviction under Section 397 I.P.C. is set aside. 7. The net result of the above discussion is that the conviction of the appellants under Section 397 I.P.C. is set aside Their conviction is altered from Section 395/397 I.P.C. to 395 I.P.C. and the sentence awarded to them is reduced from seven years' rigorous imprisonment and a fine of Rs. 7. The net result of the above discussion is that the conviction of the appellants under Section 397 I.P.C. is set aside Their conviction is altered from Section 395/397 I.P.C. to 395 I.P.C. and the sentence awarded to them is reduced from seven years' rigorous imprisonment and a fine of Rs. 1,000/- each to four and half years' rigorous imprisonment and a fine of Rs. 200/- each. In default of the payment of fine each of them will further under go rigorous imprisonment for two months. 8. It is, however, made clear that the accused appellants shall be entitled to the benefit of Section 428 Cr.P.C. and the period of detention undergone by them during the investigation, inquiry or trial before the date of conviction shall be set off against the term of sentence awarded by this court.With the above modification the term of sentence the appeals stand dismissed. *******