G. S. N. TRIPATHI, J.

( 1 ) THE then Vth Addl. Sessions Judge, Farrukhabad, vide his judgement and orderdated 27-11-79 passed in S. T. No. 3268 of 1974 State v. Mithoo Singh and Jalal Uddin, held the accused Mithoo Singh and Jalal Uddin guilty on a charge under Section 395, I. P. C. and sentenced them to undergo 5 years R. I.

( 2 ) THE prosecution case started on the basis of the F. I. R. lodged by Vishwa Nath Singh, P. W. 1 at the police station Talgram on 16-6-72 at 7. 15 A. M, The distance of the police station is about 4 miles from the place of occurrence. The incident is said to have taken place on 15/16-6-72 around midnight.

( 3 ) THE complainant has alleged that he was sleeping in his house. A lantern was burning in the Angan of his house. Around midnight, about 14-15 dacoits entered his house and they caught hold of the complainant and his wife. They were compelled to sit inside the courtyard. Their movements were being watched by 3-4 dacoits. The remaining dacoits also came inside the courtyard and they started threatening the complainant and his wife. They were flashing their torches as well. They were constantly on move, going inside and outside. Four of them had guns. Ot

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