S. R. BHARGAVA, J.

( 1 ) THIS appeal is directed against judgement and order dated 8th April, 1985 passed by Sri Ghanshyam Das, 1st Addl. Sessions Judge, Ghazipur, convicting appellants Shoenath Bhar, Sheo Shankar, Kailash Bhar, Patiram and Satya Deo with offence of dacoity U/s 395, IPC and sentencing each of them to rigorous imprisonment for ten years and further convicting appellant Kuber Bhar with offence of dishonestly retaining stolen property, possession of which was transferred by dacoit, under Section 412, IPC and sentencing him to rigorous imprisonment for five years.

( 2 ) IN appeal it is not challenged that on the night between 19th and 20th August, 1976 at about 11. 30 p. m. armed dacoity was committed in the house of Krishna Deo Narain, PW 1 in village Jogapur, Police Circle Mohammdabad, distt. Ghazipur. It is further not challenged that some of the dacoits were armed with guns. They threatened the inmates of the house with their weapons A woman inmate of the house was assaulted with Lathi, Guns were fired by the dacoits for terrorising the villagers. The inmates of the house and the villagers were put to fear. Then according to the prosecution story dacoity was commit

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