S.H.S.ABIDI, J.

1. Appellant Shyam Narayan Singh, Lok Nath Singh and Rajendra Singh have been convicted under Sec. 396 of the Indian Penal Code and sentenced to rigorous imprisonment for life each.

2. The case of the prosecution appears to be that in the night between 13/ 14/10/1974 at about 1 a.m. when the informant Ram Lagan Singh (P.W. 6) was sleeping in southeast facing room of his house having a western door, then P.W. 4 Raj Nath Singh (grandson) came and said to him that the dacoits had come in and he was sleeping. He got up and went into his Angan and saw about 10 or 12 dacoits there and the dacoits were taking out articles from the rooms and they were lightening their torches. In the torchlight as well as in the electric light in the Angan he identified Sahendy Dusadh and Shyam Narayan Koiri. The dacoits gave him a lathi blow on his right hand upon which he fell down. Then again he was given two lathi blows. On getting blows he cried, then his son Chandradip, who was sleeping on the roof, woke up and peeped down and made enquiry, when one of the dacoits fired from his gun hitting the son Chandradip who fell down on the roof. Again second fire was shot. In the meanti