( 1 ) THIS appeal has been preferred against the judgment and order of VIth Additional Sessions Judge, Fatehpur convicting and sentencing appellant to undergo 7 years rigorous imprisonment under S. 395, I. P. C. and imprisonment for life under S. 396, I. P. C.

( 2 ) THE case of the prosecution was that at about 1. 30 a. m. in the night between 3/4-9-1977 six to seven dacoits entered into the house of Raisa Khatoon and Azizun. They committed dacoity in the houses and looted properties. It was alleged that there was a Dibbi burning in front of the house of Azizun and a lantern was burning in front of the house of Raisa Khatoon situated in village Amaun, P. S. Khaga, District Fatehpur. During the dacoity the dacoits fired towards witnesses. Mohd. Yusuf received serious injuries and later on died. The other persons also received gun shot wounds. It was alleged that during the dacoity a heap of paddy straw (payal) was put to fire. This created ample light enabling the witnesses to recognise the dacoits. The dacoits were unknown persons and the witnesses had seen them during the course of committing dacoity.

( 3 ) AFTER the occurrence Buddhu along with Raisa Khatoon and Sh