JUDGMENT :

Shree Chandrashekhar, J.

Santosh Yadav, Sita Ram Mahto (y) Sita Ram Yadav, Pintu Hazra, Louki Das, Santosh Das, Pinku Pandey Pankaj Pandey, Churaman. Yadav, Bodho Paswan @ Bodhu Paswan @ Diwakar Paswan and Bindu Ram were put on trial on the charge under section 395 of the Indian Penal Code. They are convicted and sentenced to RI for life and fine of Rs.5000/- each under section 395 of the Indian Penal Code with a default stipulation to undergo further imprisonment for six months. Except Sita Ram Mahto, Pintu Hazra and Louki Das, the remaining six accused were further charged under section 412 of the Indian Penal Code and they are held guilty for retaining the looted articles in dacoity but no separate sentence under section 412 of the Indian Penal Code was passed against them.

2. In this batch of criminal appeals, the aforesaid accused persons have challenged the judgment of conviction dated 23rd September 2011 and the order of sentence dated 24th September 2011 passed in Sessions Trial No. 120 of 2010.

3. A gang of dacoity entered the house of Rajendra Kumar Bagaria in