Judgment

SHELAT, J. :- This appeal, by special leave, is by Chander Singh, one of the five persons who were tried for the offence punishable under S. 396 of the Penal Code by the Civil and Sessions Judge, Hardoi. Of the five accused put up for trial before the Sessions Judge, two, Ganga Ram and Lal Singh, were acquitted, while the appellant and two others were found guilty and were convicted under S. 396 and sentenced to imprisonment for life. Their appeal before the High Court failed and was dismissed.

2. There was no dispute that on the midnight between 19th and 20th of January, 1966 a dacoity took place in the house of the deceased Munshi Lal in the village Bejha Basti Nagar, District Hardoi, in the course of which property belonging to Munshi Lal was looted and one of the culprits sprinkled kerosene on the person of Munshi Lal and set fire to his body. Munshi Lal died the next day as a result of severe burns while he was being removed to the District Hospital, Hardoi. The house was being used by Munshi Lal partly as a shop and partly as residence for himself and his wife Mst. Rani. While Munshi Lal was being assaulted by the culprits after they had made their forcible entry into