Judgment

FAZAL ALI, J.:- This appeal under S. 2 of the SC (Enlargement of the Criminal Appellate Jurisdiction) Act and also under S. 379 of the Code of Criminal Procedure is directed against the Judgment of the Patna High Court dated 13th April, 1976,* by which the High Court reversed the order of the Sessions Judge acquitting the appellants and convicted them under S. 396 of the Indian Penal Code and sentenced them to imprisonment for life. The narration of the prosecution case is given in the Judgment of the High Court and it is not necessary to repeat the same here. The case arose out of a dacoity said to have been committed in the house of the complainant, PW-Darbari Sao on the night of 24th May, 1965 at about 8-45 P. M. According to the prosecution some unknown persons including the appellants entered the house, assaulted inmates. killed one of them and looted away properties worth thousands of rupees. There is no clear evidence to show that the deceased Kameshwar Sao was actually killed by one of the dacoits in the course of the dacoity. Although his dead body was found but the prosecution has not been able to establish any nexus between his death and the commission of the dac