JUDGMENT

M.L. Visa, J. - This appeal is directed against the judgment and order dated 26-5-1987 passed by 4th Additional Sessions Judge, Bhagalpur, in Sessions Case No. 107 of 1981/101 of 1985 convicting and sentencing both the appellants to undergo imprisonment for life under Section 396 of the Indian Penal Code.

2. The case of the prosecution, in brief, is that on that night between 21st and 22nd of April, 1974, the informant Yadu Nandan Singh (PW 6) was sleeping in the house of his neighbour Jai Karan Singh (not examined). At about 12.300' clock when he was not in complete sleep he saw about 10-12 dacoits coming from north side flashing their torches and going to 'darwaja' of his house. Amongst dacoits, he identified appellant Anirudh Singh armed with 'jarsa', appellant Sushil Singh armed with 'bhala' and co- accused Lakshman Ram armed with a gun when the dacoits reached his 'darwaja'. Other dacoits who could not be identified by him were armed with, pistols, swords, lathis etc. At that time his two sons Nand Kishore Singh (PW5) and Pancha Nand Singh (since deceased) along with his grandson Umesh Singh (PW3) were sleeping on the darwaja of his house. The dacoits inquired from hi