Gopal Prasad, J.

1. Heard learned counsel for the appellants and the State.

2. The appellants have been convicted under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years.

3. The prosecution case, as alleged in the fardbeyan by the informant that in between the night of 15-16 August, 1986 at about 01.30 a.m. while the informant was sleeping in verandah and his father and nephew were also sleeping there, 4-5 persons came and surrounded variously armed entered into the house threatened the female inmates 2 and looted away the boxes and the informant identified the accused persons in the light of the torch flashed by the dacoits and he claimed to have identified Ajay Singh, Ram Janam Singh, Brij Kumar Singh, Sanjay Singh and Dinesh Singh on the basis of torch light as well as on the basis of voice. It has, further, been stated that some the dacoits were covering their faces and besides the informant, his nephew, Gopi Nath Tiwary, also identified the dacoits. On the fardbeyan the first information report lodged and after the investigation the charge sheet submitted, cognizance taken and the case committed to the Court of sessions.

4. Aft