JUDGMENT :

1. This appeal has been preferred by the appellant against the judgment of conviction dated 16.10.2003 and order of sentence dated 22.10.2003 passed by the learned VIth Additional District & Sessions Judge (Fast Track Court) Palamau at Daltonganj in Sessions Trial No. 44 of 1990 whereby and whereunder the aforesaid appellant has been convicted for the offence punishable under section 395 of IPC and has been sentenced to undergo R.I. for a period of 8 years.

2. The prosecution case in brief is that the informant P.W. 3 -Fatima Bibi stated before the police on 27.03.1989 at about 10.30 pm at Chainpur Police station in the District of Palamau at Daltonganj alleging therein that on the same date 27.03.1989 at about 8.30 pm when she along with her two daughter namely Ashma (P.W.4) and Sazda Begum (P.W. 2) were lying on bed, on seeing a man on her roof, she called Sarfoo, but in the meantime the said accused person jumped in her courtyard and opened the outer door of her house from inside providing opportunity to nine other accused persons to enter inside the house. She further alleged that the dacoits who jumped from her roof into her courtyard were armed with gun to whom she i