JUDGMENT

Thomas, J.-For Bhulani Devi the night on the 1st of August, 1978 turned out to be the most dreadful in her life, for, it was on that night her husband, her father-in-law, his brother and two other neighbours were gunned down within her sight inside her nuptial home by armed dacoits. Police, after investigation challaned the appellants as three out of a gang of dacoits, as the others could not be identified thus far. Though the three appellants secured acquittal from the trial Court they fell into the dragnet of conviction when a Division Bench of the High Court found them guilty of the offence, on the appeal preferred by the State. All the appellants were thereupon convicted under Section 396 of the Indian Penal Code and each was sentenced to undergo imprisonment for life.

2. Thus the appellants filed this appeal as of right under Section 379 of the Code of Criminal Procedure and Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. We heard detailed arguments advanced by Shri U.R. Lalit, senior counsel for the appellants and Shri Vishwajit Singh, counsel for the State of U.P.

3. Facts lie in a narrow compass. The incident happened in Ruda