Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in these appeals is to the judgment of a Division Bench of the Patna High Court directing acquittal of the respondents 1 to 9 who faced trial for alleged commission of offences punishable under Section 396 of the Indian Penal Code, 1860 (in short the `IPC). Questioning their acquittal the complainant has filed the appeal.

2. Learned II Additional Sessions Judge, Muzaffarpur, had directed conviction of the respondents 1 to 9 and sentenced each to undergo imprisonment for life. On appeal High Court directed acquittal.

3. Background facts in a nutshell as project by the prosecution are as follows:

The case of the prosecution, as disclosed in the Fardbayan (Exhibit-6) of informant Shrishti Narain Jha (PW.7), in short, is that on night between 5.7.1981 and 6.7.1981, informant was sleeping along with his two brothers in the Baithka of his house. On one bed, he was sleeping alone and on the other bed near his bed, his younger brothers Gopal Narain Jha (PW.4) and Naresh Narain Jha (PW.6) were sleeping. At 12 Oclock about fourteen to fifteen dacoits, came to the house of informant, entered the Baithka and started hurling lathis and when their la