R.N.Prasad and Loknath Prasad JJ.

1. The appellants have filed this appeal against the jugment and order dated 30-7-1991 passed by 9th Additional Sessions Judge, Arrah in Session Trial No. 228 of 1983 whereby they have been convicted for the offence under Section 396 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.

2. One Suresh Bhar of village Baraki Bhrauli gave a fardbeyan. Ext. 5, at Kasath Police camp on 15-12-1983 at abont 8 a. m. stating therein that on the preceding night he was sleeping near mill of one Khunti Bhar.

At about 11.39 p. m. 8 to 10 dacoits armed with gun came and entered the house of Tulsi Bhar the deceased from the northern side Tulsi his uncle raisd alarm on which the docoits fired which hit his uncle Tulsi Bhar. The dacoits took away she buffalo and he identified Keshri Ahir and Daroga Ahir the appellants amongst the dacoits. He claimed to identify the other docoits by face. The informant and other followed the dacoit but the dacoits fired due to which they did not dare to follow furthermore. The dacoits were abusing while fleeing away. They were wearing Dhoti, Kurta, Lungi etc. The dacoit ran away towards