Judgment

FAZAL ALI, J.:- This appeal under S. 2 (s) of the SC (Enlargement of Criminal Appellate jurisdiction) Act, 1970, is directed against the judgment of the Patna High Court dated 31-1-74 by which the High Court reversed the order of the Sessions judge acquitting the appellants and convicted them under S. 396 of the I. P. C. and sentenced them to imprisonment for life. The appellants were accused Nos. 1, 2, 5, 7 and 8 before the Sessions judge. A dacoity had taken place in the house of the complainant in village Jalalpur on the night intervening 10th and 11th May, 1965 and a F. 1. R. was lodged in the morning of 11th at Police Station Barh. In the course of the dacoity a number of articles were looted away and Jhapas Gope was killed. The evidence against accused 1 consists of P. Ws. 5, 7, 10, 11 and 12 who identified him at the T. I. parade, as also before the committing court and the trial Court. Evidence against accused 2 consists of identification of P. Ws. 5, 7 and accused 5 was identified by P. Ws. 7, 11, 12 and accused 7 was identified by P. Ws. 7 and 12 and accused 8 was identified by P. Ws. 5, 7 and 12. It appears from the evidence of the prosecution witnesses that the