A. M. BADAR, J.:–By this appeal, appellant/convicted accused Bhim Yadav is challenging the Judgment and Order dated 25.04.2014 and 30.04.2014 respectively, passed by the learned Adhoc Additional Sessions Judge-I, Banka, in Sessions Trial No.148 of 2010, thereby convicting him of the offence punishable under Section 396 of the Indian Penal Code and sentencing him to imprisonment for life apart from imposition of fine of rupees ten thousand and in default directing him to undergo imprisonment for six months. For the sake of convenience, the appellant/ convicted accused shall be referred to in his original capacity as “an accused”.

2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:–

(a) According to the prosecution case, in the night intervening 16.10.2009 and 17.10.2009, the accused along with other named accused persons had committed armed dacoity in the house of Maduli Yadav situated at village Ojha Bathan, Police Station Katoriya (Suiya) in Banka District of Bihar and while committing that dacoity has committed murder of three inmates of that house, namely, Maduli Yadav and his two sons Manoj Yadav as well as Nageshwar Yadav.

(