I.P.Singh, J.

1. The sole appellant has been convicted under section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

2. The prosecution case, in short, is that in between the night of 19/20th May, 1985 the informant was sleeping with his brothers, son and one Jagdish Sah on the roof of his cloth shop. It has been alleged that all of a sudden his son Birendra Prasad woke up on hearing the sound of breaking of door planks. The informant and others woke up, raised Hulla and started throwing bricks bats on dacoits. In the meantime, one of dacoits fired injuring the son of the informant Birendra Prasad. The dacoits and the informant party were flashing their torches on each other. The dacoits were 15 to 20 in numbers and they also remained in the shop for 15 to 20 minutes and looted the property worth Rs. 10,000/-. The informant claimed to identify the dacoits. The dacoits fled away after the arrival of the villagers. The informant had given a list of articles looted from his shop. The dacoits also assaulted one of the villagers Ram Kawal Kumhar. On the basis of the statement of the informant a formal F.I.R. was drawn up under sections