B.N.P.Singh, J.

1. In the intervening nights of 2nd/3rd April, 1995, while house inmates were fast asleep after taking their meals, it is alleged that some dacoits holding arms with them, scaling over the wall of the house, gained their access in the inner apartment of house of Dhananjay Kumar (P.W. 4). It was alleged that they took recourse to firing to scare house inmates, collected them in the courtyard and coercing them, relieved them of their house belongings/which include ornaments, wearing apparels, watches, utensils, etc. and decamped with the booty. The fardbeyan of Dhananjay Kumar, with these accusations, was recorded by Shri CD. Sharma, Sub Inspector of Police of Noorsarai Police Station on 3rd April, 1995 at 6 a.m. at Sitarampur, pursuant to which first information report was drawn up and Police came into action. In usual course of investigation, the Police recorded statement of witnesses, visited place of occurrence and got autopsy held over the dead-body of Chandrika Sharan Singh, who was shot dead by the miscreants, and eventually on conclusion of investigation, laid charge sheet before the Court. Though a good number of dacoits allegedly participated in the