1. Criminal Appeal (DB) No. 313 of 2000 has been preferred by the appellants from jail whereas Cr. Appeal (DB) No. 361 of 1997 (P) has been filed through lawyer. Since both the appeals arise out of the same order of conviction and sentence, both of them have been taken up together for disposal.

2. All the four appellants have preferred these appeals against the judgment and order dated 28.4.1997 and 30.4.1997 passed by Sessions Judge Sahibganj in Session Trial No. 99 of 1994 whereby and whereunder all the four appellants have been convicted under Section 396 of the Indian Penal Code and sentenced to undergo RI for life.

3. Brief facts leading to these appeals are that in the night of 23/24.12.1991, mauza Dhanbhitta P.S. Barhait situated in interior of Sahibganj was raided by dacoits. As further stated many houses were ransacked and household articles including cash were looted from the hamlets. During this dacoity the house inmates were assaulted on resistance made by them. The police arrived at the village next day in the after noon and recorded the statement of informant Bhima Pahariya son of Maisa Pahariya in presence of Margo Parhiya and one Maisa Pahariya. According to t