Judgment

Dr. Arijit Pasayat, J. —

1.These three appeals have a common matrix and Judgment of a Division Bench of the Patna High Court. By the impugned Judgment, the State’s appeal was dismissed while in the case of present appellants their conviction was altered from Section 396 of the Indian Penal Code, 1860 (in short the ‘IPC’) to Section 395 IPC. The sentence of Rigorous Imprisonment for life was altered to seven years rigorous imprisonment.

2.Factual position in a nutshell is as follows :

The case of the prosecution, briefly stated, as contained in the Fardbayan (Ext.2) of the informant Yusuf Ali Khan son of Khalil Bux Khan (P.W.4) is as follows :

The Fardbayan was recorded at the P.O. Village Khaira, P.S. Auras, District Gaya at 8 p.m. relating to the alleged occurrence of 7 p.m. on the same day on 15.03.1983. The Fardbayan was recorded by Mohd. Asfaque Ali (P.W.5), the officer incharge of Bankey Bazar outpost. It is alleged that the informant was at his house at about 7 p.m. Suddenly 10 armed persons entered into the house through the open door.

One of them fired twice from the gun making the informant injured. He fled inside the room. He was dragged into the courtyard where his fa