( 1 ) THE subject matter of this appeal is the judgment and order dated 14-1-1-85 passed by a learned Assistant Sessions Judge Howrah, convicting the appellant under section 395 I. P. C. and sentencing him to rigorous imprisonment for nine years.

( 2 ) BEREFT of details, the prosecution was as under:the informant Nishikanta Banerjee (P. W. 15) has his house at Chowdhurypara of Village Makardah where be lives with his family and his brothers Krishnakanta Banerjee and Kartick Banerjee and their families.

( 3 ) ON March 21, 1982, at or about 11. 45 p. m. while Nishikanta and his wife Nilima (P. W. 7) were sleeping in a room of the house, some persons from outside announced that they had come from the police station. Hearing this, Nilima opened the window to see who they were when one them inserted the barrel of a gun through the window and pointing it at her husband ordered her to open the door. When she opened the door to save her husband 8/10 miscreants, some of them in police uniform, entered the room. They were armed with guns, axes and other deadly weapons. One of them pressed her throat and compelled her to part with her ornaments.

( 4 ) THE miscrean