JUDGMENT Mr. U.K. Verma, J. - This is an appeal against the judgment and order of Sri M.M. Saran, Sessions Judge,.Lalitpur, dated 16.10.79 in the Sessions Trial No. 53 of 1977, convicting the appellants, Amar Singh, Tal Singh, Laxman and Bhagwan Singh under Sections 399/402 of the Indian Penal Code and Section 25 of the Arms Act and Khilawan and Lachcho under Sections 399/402 I.P.C. only and sentencing each of the appellants to five years, rigorous imprisonment under Sections 399/402 I.P.C. and the appellants, Amar Singh, Tal Singh, Laxman and Bbagwan Singh tc two years rigorous imprisonment each under Section 25 of the Arms Act. 2. The prosecution case briefly stated is that on receiving information that a dacoity was to be committed at the house of Nathu Ram Lekhpal in village Kesara and that the dacoits were first to assemble under the mango three of Chunchari Thakur around 11.30 p.m. in the night between February 26 and 27, 1977 Yashpat Rai, S.O. Mebroni with his party comprising of a Sub-Inspector, a Head Constable and eight constables first went to the hotel of Bhawani Singh P.W. I and from there collected hint, Bhujwal P.W. 2 Jai Shankar P.W. 3, Ranxlas. Hussain Khan and Tahir Singh and proceeded to the culvert of a canal dose to the above mango tree. Leaving all others there he and his informer went to have a look of the surrounding area where the dacoits were to gather in order to formulate the plan of action against them. The S.O. returned alone and divided the policemen and also the public witnesses in four parties. One of the parties was sent to the house of Nathu Rain Lekhpal. The remaining three parties were to be headed by him and his Sub-Inspector and his Head Constable. He took position to the north of the mango tree. The second party under the Sub-Inspector Habibul Khan took position to the east of Toriya and the third behind the Besharm shrubs. About 11.00 p.m. four dacoits arrived underneath the mango tree. Twenty minutes later two more dacoits joined them. They all got up thereafter saying to each other that it was time to commit dacoity as every body must be fast asleep and they were sufficiently armed. About 11.00 p.m. four dacoits arrived underneath the mango tree. Twenty minutes later two more dacoits joined them. They all got up thereafter saying to each other that it was time to commit dacoity as every body must be fast asleep and they were sufficiently armed. On being convinced that the six persons were really the dacoits who had come to loot the Lekhpal Nathu Ram the S.O. signalled Sitaram to tire from his very light pistol. The police men and the witnesses in no time over powered all the six dacoits. Necessary force had been applied against them. One of the dacoits in trying to escape had inflicted lathi injury on Bhawani Singh P.W. 1. From the possession of the dacoit Amar Singh a single barral gun, 50 grams of gun power and some ammunition's had been recovered, from Tal Singh a country made gun, 100 grams of gun powder and some ammunition's had been recovered, from Luxman a country made revolver and some ammunition's were recovered and from Bhagwan Singh a single barrel (Topidar) gun and some ammunition's were recovered. The accused Khilawan and Lachcho were carrying lathis. The lathi, which was taken from Lachcho, had stains of blood thereon. The arrest and the recovery memo is Ex. K-8 on record and on its basis the check report was drawn at 4.30 a.m. on 27.2.1977. The prosecution witness, Bhawani Singh P.W. 1 had been medically examined at 9.00 a.m. on 27.2.77 and the report Ex. Ka-1 in respect of it shows him to have sustained head injury measuring 7cm. x 5cm x scalp deep and an abrasion on his left for ear. The dacoits Amar Singh, Tal Singh, Luxman, Bhagwan Singh, Khilawan and Lachcho had also been examined between 9.05 a.m. and 10.25 a.nu. on 27.2.77 in the same district hospital at Lalitpur. The medical report of Bhagwan Singh is Ex. Ka-2, Tal Singh is Ex. Ka-3, Laxman is Ex. Ka-4 Khilawan is Ex. Ka-5, Lachcho is Ex. Ka-6 and Aniar Singh is Ex. Ka-7. 3. The Investigating Officer, R.S. Saraswat, S.O. Police Station Girvan, P.W. 6, obtained the sanction of the District Magistrate Sri Khursheed Ahmad, marked Exs. Ka-12 to Ka-15 for the prosecution of the four appellants from whose possession fire arms had been recovered and had submitted charge-sheets Ex. Ka16. Ka-5, Lachcho is Ex. Ka-6 and Aniar Singh is Ex. Ka-7. 3. The Investigating Officer, R.S. Saraswat, S.O. Police Station Girvan, P.W. 6, obtained the sanction of the District Magistrate Sri Khursheed Ahmad, marked Exs. Ka-12 to Ka-15 for the prosecution of the four appellants from whose possession fire arms had been recovered and had submitted charge-sheets Ex. Ka16. to Ka-20 against the appellants under Sections 399/ 402 I.P.C. and also under Section 25 of the Arms Act against four of the appellants aforesaid. 4. The prosecution examined the public witnesses Bhawani Singh P.W. 1, Bhujwal P.W. 2, and Jai Shankar Prasad P.W. 3. Amongst the police witnesses examined were Randhir Singh P.W. 5, who was the Head Constable Moharrir and had been asked to lead the party No. 3 and Yashpat Rai S.O. Mehroni, P.W. 7 who had on receiving information organised the raid and apprehended the dacoits.The Sessions Judge in his judgment has observed that the statements of the prosecution witnesses are consistent on all material particulars and the differences in their testimony were such as would fall within the definition of natural variations. In the cross examination of Bhawani Singh, P.W. 1, it had been suggested that there was a theft at his house and he had sustained the injuries at the hands of the thieves. Bhawani Singh denied the above suggestions and corroborated the prosecution story as to how the police party had come to his exdawad from where he and the remaining public witnesses were taken to the culvert where.. they were divided into four parties and how three of the parties after the arrival of the six appellants had apprehended them in the course of which he and the six dacoits had been injured. Simply because during trial Bhawani Singh could not tell from which dacoit which the arm had been recovered, inference could not be drawn that he had given an imaginary account. He did point out that it was the lathi recovered from Lachcho which had stains of blood. Bhujwal P.W. 2 and Jai Shankar P.W. 3 bully corroborated the testimony of Bhawani Singh and the statements of the public witnesses are in accord with the statements of the police witnesses Randhir Singh P.W. 5 and Yashpat Rai P.W. 7. He did point out that it was the lathi recovered from Lachcho which had stains of blood. Bhujwal P.W. 2 and Jai Shankar P.W. 3 bully corroborated the testimony of Bhawani Singh and the statements of the public witnesses are in accord with the statements of the police witnesses Randhir Singh P.W. 5 and Yashpat Rai P.W. 7. P.W. 1 and the appellants had been medically examined by him one after the other and denied the suggestion on behalf of the appellants that the duration of the injuries in the medical reports prepared by him had not been correctly recorded. The Investigating Officer R.S. Saraswat P.W. 6 had stated as to how he investigated the case. There is nothing to show that his investigation was unfair. The bald suggestion that he had not examined any of the prosecution witnesses and fabricated the case diary had no good basis at all. The Sessions Judge had justifiably convicted the appellants as above. 5. The appeal against conviction of the appellants as above fails. The sentence awarded to each of the appellants however, under Sections 399/402 I.P.C. is being reduced to three years and the period during which they had been in jail shall further be deducted therefrom. It transpires from the record that Khilawan appellant was- in jail during trial. If he has already served the sentence, he shall not be sent to jail. The remaining appellants however, shall be taken into custody to serve out the remaining part of the above modified sentence. The sentences under Sections 399/ 402 I.P.C. and Section 25 of the Anus Act shall nun concurrently as had earlier been ordered by the Sessions Judge.