1. The two appellants named above have been convicted under S. 396 of the Indian Penal Code (hereinafter referred to as "the Code") and they have been sentenced to suffer imprisonment for life.

2. The case against them arose on the statement of P.W. 7 Babulal Pd, made at police station Ghosi in the district of Gaya (presently district of Jahanabad.)

3. The occurrence took place on 14-12-79 at about 11.30 P.M. in Village-Paraman which falls in police station Ghosi. It is stated that a few dacoits including these two appellants raided the house of the informant P.W. 7 Babulal who was then sleeping in a Dalan. He woke up on hearing the sound of a few persons scaling over and jumping in his Angan. It was a winter season and he had covered himself in the bed with a quilt (Rejai). He claims that he peeped through removing the quilt a bit and in the light of the torches flashed by some of the dacoits he identified the two appellants Shayamdeo Singh and Suresh Singh both belonging to Village-Kewla under the same police station Ghosi. He further identified the two other accused named Birju Kahar and Dhanesh Sharma. Birju is an absconder and Dhanesh Sharma was not sent up for trial.