Mandhata Singh, J.-Prosecution case initiated on fardbeyan of one Harinandan Thakur in brief is that in between the night of 2/3.7.1984 he was sleeping in veranda of his house, other family members including his grand son and Bhagina were also sleeping, sensing sound of tiles of his chappar and jumping of some persons in his angan he woke up and saw the main door of female portion of the house opened. He entered the house and saw 5-6 dacoits armed with lathi, fasuli and gun surrounding Doman Thakur and 4-5 dacoits taking away Pettis containing clothes, ornaments and other articles. It is further alleged that dacoits took away some utensils also. When an attempt was made to apprehend dacoits by the informant, his grand-son and Bhagin, they were assaulted by means of lathi. They were caused injury by means of fasuli also on shoulder, thigh and leg. The dacoits were talking in Magahi language. Some of them were wearing kurta dhoti, some baniyan and lungi and some half pant. They were of different complexion. Some of dacoits had covered their faces. Villagers also gathered on alarm.

2. Both the appellants along with Rambali Mahto faced trial which ended in their (appellants) co