Short Note : The appeal filed by Banesing is allowed. The judgment dated 12th December 1975 passed by the trial Court is set aside and the accused is acquitted of the offences changed with Accused Madan Singh has not preferred any appeal against the impugned judgment, but relying on the decision of this Court reported in Ratan Singh v. State of M.P., 1977 JLJ 55 , this is a fit case for exercising power under section 401 Cr.P.C. The conviction of the accused Madan Singh is also, therefore, set aside. Appeal allowed.