There are two appeals Criminal appeal No. 221 of 1984 has been presented by accused Kedar and Kapildeo Mahton. Criminal Appeal No. 257 of 1984 has been presented by accused Gayannath Mandal. Both the appeals arise out of the same judgment of additional Sessions Judge Katihar by which all the three appellants have been convicted under section 396 of the, Indian Penal Code (hereinafter referred to 'as the code') and sentenced to suffer imprisonment for life. For the sake of convenience both the appeals have been heard together and are being disposed of by this judgment.

2. A dacoity was committed in the house of the informant P.W.17 Rajendra Poddar on 12.10.1980 at about 18.15 P.M. in village Gandhitila (kuli para) under police station Manihari in district of Katihar about 25-30 persons raided the house. Rajendra Poddar was sleeping in a room. He got up on being assaulted by one of the dacoit He noticed that the dacoity were carrying guns, Lathies and other incriminating weapons. A few of them had entered inside room started damaging valuables from him and also ransacked the whole house. They broke open the boxes and removed articles worth several thousands. Harbansh Poddar, t