Surinder Sarup, J.

1. This appeal is against the judgment of the court of Sri S.N. Mandal, Assistant Sessions Judge, Koderma, dated 5th March, 1994, whereby the appellants, namely, Sadanand Singh, Kameshwar Singh, Dashrath Singh, Mahadeo Singh, Raj Kishore Singh and Kishun Yadav have been convicted under Sec. 395, IPC. Appellant Dashrath Singh has further been convicted under Sec. 412, IPC. They have been sentenced to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs. 100 each and in default to undergo R.I. for one month under Sec. 395, IPC. However, no separate sentence has been awarded against appellant Dashrath Singh, under Sec. 412, IPC.

2. The prosecution case against the appellants is that at about 11.30 p.m. on 24th November, 1992, while the informant Jagdish Yadav was sleeping in his house along with his family members, 3-4 dacoits armed with pistol entered inside the house by scaling the tiled roof and threatened the informant to open the door at the point of pistol. Out of fear, the informant opened the door of the house and the dacoits looted woolen shawl, torch, clothes, ornament and cash belonging to the inmates of the house. Thereafter th