H.K.Chaudhuri, J.

1. The learned Sessions Judge of Purnea has convicted the five appellants under Sec.395 of the Indian Penal Code and sentenced them to rigorous imprisonment for 10 years each. Two other persons, Guddar and Lal Mohammad, who were tried along with the appellants were acquitted.

2. The occunence took place on the night between the 13th and 14th November, 1955 in the house of Baijnath Missir (P. W. 1) at village Sonaila within police station Katihar. Baijnath Missir (P. W. 1) and his brother Sheoshankar Missir (P. W. 3) appear to have migrated to this village from East Pakistan some years ago The house of Sheoshankar is adjacent to south of the house of Baijnath, his elder brother. At about 2 A. M. on the night in question Baijnath woke up and found that the house of his brother had been raided by a gang of dacoits. He along with his servant Madhuban Missir rushed to the baithak of Sheoshankar. The dacoits, however, started throwing brickbats at them, as a result of which Madhuban was injured. Both of them returned from the place and Baijnath asked Mudhnban to run to the village and inform the villagers about the occurrence. He then set fire to a heap of straw