JUDGMENT

M.P. Varma and S.H.S. Abidi, JJ. - The appellant on the record has been named as Rajawa Kebat alias -Rajendra Mandal on of Late Mushahru Mandal alias Mishilal Mandal resident of village Jai Rampur, police station Raiganj district Madhipura. He is the sole appellant. He has been convicted of the charge under section 396 of the Indian Penal Code (in short the Code) for having committed dacoity in the house of Sushil Kumar Singh (P.W. 5) along with 10-12 persons. The dacoity was committed in between the night of 13/14th May 1978 at village. Rupauli Hatia Tola, Police Station Banmankhi in the district of Purnia. In course of commission of dacoity two persons are said to have been killed one was Mohan Mahto, Servant of Sushil Kumar Singh (P.W. 5) and other was Upendra Mahto.

2. The prosecution case in short is that all of a sudden in the mid night a few dacoits broke open the door of the house of the informant (P.W. 5), entered inside the room and demanded the cash and ornaments. They ransacked the whole house and looted away properties worth several thousands. The details of the articles looked away have been given in the F.I.R. The case is that some of the dacoits tied the ha