1. - This appeal is directed against the judgment of the learned Sessions Judge, Bharatpur dated February 29, 1980, whereby appellant Sukhpal has been convicted under Sections 394 and 302 Indian Penal Code and sentenced to imprisonment for life in both the offences. The sentences have been ordered to run concurrently.

2. Brief facts of the prosecution case are that a dacoity took place in the house of Chhitsria (PW 3) and Goverdhan (PW 4), residents of Rudawal district Bharatpur in the intervening night of 15th and 16th June, 1977. When the dacoits were escaping along with the looted goods, they were challenged by Arjun (deceased). When dacoits were passing in front of the house Gir Raj (PW 1), Ram Charan (PW 2) and deceased Arjun, the dacoits fired gun-shots, as a result of which Arjun succumbed to the injuries on the spot and Ramcharan (PW 2), Munni daughter of Gir Raj were injured. Munni succumbed to the injuries aftar 5-6 days of the incident. Ram Charan (PW 2) lodged a First information Report (Ex. P. 1) in the night at 15 minutes past 3 O'Clock in the police post Rudawal. Ram Singh (PW 7), in-charge police post went on the spot and started investigation. In the same n