Judgment

Nanavati, J.-These appeals by the State are directed against the judgment and order of acquittal passed by the Patna High Court in Criminal Appeal Nos. 564, 566 and 533 of 1981. The five respondents, along with one Bharat Singh, were tried for committing the offence punishable under Section 396 IPC, in the court of the Additional Sessions Judge, Sitamarhi in Sessions Trial No. 53 of 1979/11 of 1990. Accused Bharat Singh was acquitted but respondent Nos. 1 to 5 were convicted under Section 396 IPC and sentenced to undergo imprisonment for life.

2. It was alleged against the accused that on 13.8.1978 at about 1.00 P.M. they, along with 15 to 20 other persons, under the leadership of Kailash Mahto, went to the house of Bilat Sah (PW-18) of village Pakaria and committed dacoity. In order to commit dacoity they dragged Bilat Sah (PW-18) and his son Ramchandra Sah (PW-19), pushed them into a room and locked them inside. On hearing their shouts many people rushed to that place and protested against the high handedness of the dacoits as three of them were the residents of the same village and were known to them. Soon after the dacoits left that place, the vil­lage people freed Bilat