Judgment :

RAY, J.

This is an appeal on special leave against the judgment and order passed on February 16, 1919 by the High Court, Madhya Pradesh maintaining the conviction and sentence made by the Additional Sessions Judge in Sessions Trial No. 5/77

2. The prosecution case in brief is that on the night intervening July 14 and 15, 1976 when Dwarka Prasad was sleeping outside his house in village Godha and his wife and two sons Premshankar and Ramashankar were sleeping inside the courtyard, dacoits numbering more than five entered the house and started beating his wife and sons. Accused Subhakaran jumped into the courtyard and he was identified by Phulkali (PW 8), wife of Dwarka Prasad and his son Premshankar (PW 9). Phulkali and Premshanker while running away from the house saw Nanhau Ram standing with a gun and another dacoit grappling with Dwarka Prasad. Nanhau Ram fired a shot from his gun and it struck the dacoit who fell down dead. Then Subhakaran grappled with Dwarka Prasad and dragged him towards the angan. Nanhau Ram fired another shot which hit Dwarka Prasad who fell down. On alarm being raised by Phulkali and her sons, people from nearby villages came and the dacoits fle