Choudhary, J.

1. Petitioner No. 1, Sheopujan Koiri, has been convicted under Sections 326 and 324, Penal Code, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, or, in default, to undergo rigorous imprisonment for a further period of three months under Sec.326, Penal Code, and to undergo rigorous imprisonment for six months under Sec.324, Penal Code, the substantive sentences of. imprisonment to run concurrently. Petitioner No. 2, Sukhu Koiri, has been convicted and sentenced to undergo rigorous imprisonment for six months under Sec.324, Penal Code. Petitioners 3 and 4, Dasain Koiri and Dulesar Koiri, have been convicted under Sec.323, Penal Code, and sentenced to undergo rigorous imprisonment for three months each. Petitioner No. 5, Rupu Koiri, has been convicted under Sections 457 and 354, Penal Code, and sentenced to undergo rigorous imprisonment for one year under each of the sections, the sentences to run concurrently.

2. According to the case of the prosecution in the night between the 4th and 5th of September, 1951, a little before dawn, the complainant Musammat Bhagwatia was sleeping in her house when she woke up and found t