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.

(b) According to the prosecution case, deceased Maduli Yadav along with his family members was residing at village Ojha Bathan falling under jurisdiction of Police Station Katoriya (Suiya). When the inmates of the house of deceased Maduli Yadav were fast asleep in the night intervening 16.10.2009 and 17.10.2009, about 10 to 12 dacoits entered in the front-yard of their house. Thereafter, they assaulted inmates of the house of Maduli Yadav. They committed murder of Maduli Yadav, Manoj Yadav and Nageshwar Yadav by exploding bombs, firing bullets and stabbing them. In the process of committing the armed dacoity, the accused and his associates caused injuries to the inmates of that house and had looted the ornaments and valuable documents from the house of deceased Maduli Yadav.

(c) The report of the incident of dacoity with murder at her house came to be lodged by Parwati Devi widow of Manoj Yadav at about 10:00 AM of 17.10.2009 which has resulted in registration of Crime No.217 of 2009 with Katoriya (Suiya) Police Station against the accused and his 11 associates. The routine investigation followed. Dead bodies of Maduli Yadav and his sons, namely, Manoj Yadav and Nageshwar Yadav were sent for autopsy to JLN Medical College and Hospital, Bhagalpur and Sadar Hospital, Banka, after taking inquest notes. PW 7 Dr. Sandeep Lal had conducted autopsy on dead body of Nageshwar Yadav whereas PW 8 Dr. Md. Ansar Ahmad had conducted autopsy on dead body of Maduli Yadav and his son Manoj Yadav. Statement of witnesses came to be recorded and on completion of investigation, the accused came to be charge sheeted.

(d) The learned Trial Court in a most casual manner framed the charge for the offence punishable under Section 396 of the Indian Penal Code against the accused. The same was read over and explained to him. The accused pleaded not guilty and claimed trial.

(e) In order to bring home the guilt to the accused, the prosecution has examined in all 11 witnesses. Co-villagers Kailash Yadav and Gulabi Yadav were examined as PW 1 and PW 2. Ramesh Kumar- son of deceased Maduli Yadav was examined as PW 3. Anita Devi-daughter of deceased Maduli Yadav was examined as PW 4. Shanti Devi-widow of deceased Maduli Yadav was examined as PW 5. Parwati Deviwidow of deceased Manoj Yadav was examined as PW 6. Autopsy Surgeons Dr. Sandeep Lal and Dr. Md. Ansar Ahmad were examined as PW 7 and PW 8 respectively. Co-villagers Vidyanand Yadav, Murlidhar Yadav and Basuki Yadav were examined as PW 9, PW 10 and PW 11.

(f) The defence of the accused was that of total denial. However, he did not enter into the defence.

(g) After hearing the parties, by the impugned Judgment and Order, the learned Trial Court was pleased to convict the accused and to sentence him as indicated in the opening paragra