1. Appellants Rampratap Mahato and Babulal Mahato who are full brothers have been convicted under Sec.395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100.00 each or in default to undergo rigorous imprisonment for four months more. The occurrence, in which they are alleged to have participated, took place at mid-night between 30th April and the 1st of May, 1965 in the house of Gumani Singh (P. W. 2) in village Kothia, some four miles away from Tajpur police station in the district of Darbhanga. The house of the appellants lay in the another Tola of the same village at a distance of about half a mile from the house of Gumani Singh (P. W. 2).

2. The Prosecution version of the occurrence is as follows : On the night in question, Gumani Singh (P. W. 2) was sleeping just outside the Darwaza of his house on a Chabutra of a well. Near him were also sleeping his servant Kewal Singh (not examined) and one of his labourers Jhaman Singh (P. W. 4). He was roused from his sleep by the sounds of foot steps, but as he wanted to get up he was surrounded by three or four dacoits. So, out of fear he kept on lying on his cot