CHANDRAMAULI KR.PRASAD, J.

1. Mahendra Nonia and Doctor Nonia, aggrieved by the judgment and order dated 30th of May, 2002 passed by the Additional Sessions Judge, Fast Track Court No. Illrd, Bhojpur, Ara in Sessions Trial No. 397 of 1981/35 of 2002 holding them guilty of offence under Sec. 396 of the Indian Penal Code and inflicting sentence of imprisonment for life, have preferred this appeal.

2. During the pendency of the appeal, Mahendra Nonia died and, as such, appeal preferred by him has abated and this appeal is confined to appellant Doctor Nonia only.

3. According to the fard beyan given by P.W. 4 Ram Narayan Singh on 23.7.1980 at about 3 P.M. before the SubInspector of Police at Piro Police Station, prosecution story is that in the night between 22nd and 23rd of July, 1980, he was sleeping in the female-wing of the house, whereas his father Sheo Pujan Singh was sleeping at the Dalan of the house. At about 10 clock in the night he woke up on hearing the alarm of his mother Salhatiya Devi (P.W. 1) and saw her in the courtyard screaming being assaulted by two dacoits from the butt of the gun. His two sisters, namely Binda Kumari (P.W. 3) and Chandkeshari (P.W. 2) also