Ram Nandan Prasad, J.

1. These two appeals have been heard together and are being disposed of by a common judgment as they are directed against the same judgment.

2. Mohammad Hussain is the sole appellant in Criminal Appeal No. 192 of 1982, whereas there are two appellants in Criminal Appeal No. 319 of 1982, namely, Sadique Mian and Jamadar Hajra. Out of these two appellants, Sadique Main died during the pendency of this appeal and as such the appeal abates so far as he is concerned. Now Criminal Appeal No. 319 of 1982 is confined to only one appellant, namely, Jamadar Hajra. Both the appellants, namely, Mohammad Hussain and Jamadar Hajra have been convicted under Sections 399 and 402 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 7 years each an both the counts. Their sentences have, however, been made to run concurrently.

3. The prosecution case is that in the evening of 7-2-1975 informant Bachcha Singh, Officer-in-charge of Raxaul police station, received a confidential information that some dacoits were to assemble in an orchard of village Bharath Mahi Tola Baluaha with a view to commit dacoity in that village. On receipt of this i