I.A. ANSARI, J.

1. Under the judgment, 26.8.1993, passed, in Sessions Trial No. 738 of 1989, by learned 1st Additional Sessions Judge, Banka, the appellants, Bindeshwari Paswan, Ashok Singh @ Mandal, Anandi Mandal, Masudan Mandal @ Musudi, Chano Mandal and Binwa Mandal @ Bino, stand convicted under Section 396 of the Indian Penal Code. Following their conviction, the appellants have been sentenced to suffer imprisonment for life.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:-

(i) On 4.5.1989, at about 7.30 PM, when the informant, Shivanand Singh (PW-8), was present at the courtyard of his house, 30-32 dacoits came to his house. While 10-15 dacoits entered into the house, rest of them surrounded the house from all directions. One of the dacoits, who had so entered, enquired from the informant (PW-8) as to where his gun was. As the informant was replying by saying that the gun was lying in the room located on the western part of the house, informant's cousin, Awadh Narayan Singh, who was sleeping on a cot, woke up and on noticing the dacoits, started running by raising hulla. One of the dacoits fired at Awadh Narayan Singh, who, on being shot by the bullet, fell down and died.

(ii) On hearing the sound of firing, the inmates of the house of the informant's neighbour, Ram Bilash Singh, telephoned the police and, on arrival of the police, as the police party rushed to the house of the informant by raising hulla, the dacoits, who had so entered into the house of the informant, resorted to firing, which injured Pramod, Ashok and Sriniwas Singh. In the meanwhile, Duleshwari Devi, wife of Awadh Narayan Singh, and one Umesh Paswan came to the house of the informant, the dacoits fired at them too and injured them.

(iii) Because of the firing, which was so resorted to, informant's wife, Neelam Devi, also sustained pellet injuries and died. Having collected all the valuable articles from the informant's house, the dacoits fled away.

(iv) At the place of occurrence itself, informant's statement was recorded as his fardbeyan and treating the said fardbeyan as the First Information Report, Shambhooganj Police Station Case No. 56 of 1989, under Sections 396 of the Indian Penal Code, was registered, on 5.5.1989, against unknown persons.

(v) During investigation, inquests were held over the dead bodies of Awadh Narayan Singh and Neelam Devi. The said dead bodies were also subjected to post mortem examinations.

(vi) During investigation, Test Identification Parades were also held and on completion of investigation, a charge-sheet was laid, under Sections 396 and 412 of the Indian Penal Code, against accused, Ashok Kumar Mandal @ Ashok Mandal, Masudan Mandal, Bindeshwar Paswan, Binwa Mandal @ Bino, Chhote Lal Sah, Anandi Mandal, Bhagwan Poddar and Chano Mandal.

3. At the trial, a charge, under Section 396 of the Indian Penal Code, was framed against accused Bino Mandal @ Koiri, Masudan Mandal, Ashok Mandal, Anandi Mandal, Bindeshwari Paswan, Bhagwan Poddar, Chotelal Sah and Chano Mandal along with about 25 others. A charge, under Section 412 of the Indian Penal Code, was also framed, against accused Chhotelal Sah, Bhagwan Poddar, Anandi Mandal, Ashok Kumar Singh @ Ashok Mandal, and Chando Mandal. All the accused pleaded not guilty to their respective charges.

4. In support of their case, prosecution examined altogether 14 (fourteen) witnesses. The learned trial Court has also examined one witness as CW-1. The accused were, then, examined under Section 313(1)(b) of the Code of Criminal Procedure and in their examinations aforementioned, the accused denied that they had committed the offences, which were alleged to have been committed by them, their case being that of denial. No evidence was adduced by the defence.

5. Having found accused, Bindeshwari Paswan, Ashok Singh @ Mandal, Anandi Mandal, Masudan Mandal @ Musudan Mandal @ Masudi, Chano Mandal and Binwa Mandal @ Bino, guilty of the offence