SHYAM KISHORE SHARMA, J.

1. The above two appellants have filed this appeal against the judgment dated 12.5.1993 passed by 5th Additional Sessions Judge, Samastipur in Sessions Trial No. 374/2 of 1989/1991 by which they have been convicted under Sec. 395 or the Indian Penal Code and have been sentenced thereunder to undergo rigorous imprisonment for seven years.

2. According to prosecution case, in the night of 4/5.4.1989 at about 9.00 P.M. while informant Rabindra Nath Thakur (P.W.8) along with his wife Geeta Devi (P.W.12) and his tenant Dharmendra Kumar (P.W.7) was seeing television in his house after shutting the door but not bolted, all of a sudden, 6 to 7 persons mostly armed with pistols barged into his house and asked them by showing pistol to keep mum. The criminals thereafter broke open the boxes and took away the articles. When tenant Dharmendra Kumar (P.W.7) protested, he was assaulted with the butt of pistol due to which the informant and other persons became afraid. The occurrence continued for 10 to 15 minutes and a number of articles were looted away. The dacoits were calling their names as Nathuni, Kamal, Ganeshi, Chhotka, Shamshul, Moin, Bamma and Bishwanat