1. The sole appellant has preferred this appeal against the judgment and order dated 28.9.1994/30.9.1994 passed by 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 1120 of 1979. Whereby the sole appellant has been convicted for the offence under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life.

2. The informant, Rustam Mian, gave his fardbeyan 1.11.1976 at about 9 a.m. in the hospital that he along with members of his family was sleeping in the house. At about 2 a.m. the dacoits entered the house after opening the door. They were flashing torch. His uncle Sultan Mian and father Wazir Mian also woke up. The dacoits caught them and there was scuffle. In the light of the torch he saw 8-10 dacoits out of whom he identified Ram Ashish Dome, the appellant, with country made gun, Chola Dome and Langra Dome. The dacoits were wearing Dhoti, Lungi, Shirt, etc. and they were of different size. Sultan Mian caught Chola Dome and Wazir Mian caught another dacoit. Chola Dome shouted on which the appellant fired causing injury on the back of Sultan Mian. The other dacoit fired causing injury to his father, Wazir Mian. Some female mem