Hon’ble S.C. Agarwal, J.—This is an appeal against judgment and order dated 2nd February, 1982 passed by the 7th Addl. Sessions Judge, Mainpuri in S.T. No. 262 of 1977 whereby the appellants Bhagwan Das and Janjali were convicted under Section 395 IPC and sentenced to undergo R.I. for five years.

2. During appeal, appellant No. 1 Bhagwan Das had died as per the report dated 7th August, 2009 of C.J.M. Mainpuri. Thus the appeal in respect of appellant Bhagwan Das abates and we are concerned only with appellant No. 2 Janjali.

3. The incident took place in the night of 11/12.7.1974 at 11 p.m. The FIR was lodged on 12.7.1974 at 6.40 a.m. by Bhojraj Singh (P.W. 1).

4. The prosecution case, in brief is that on 11.7.74 at about 11 p.m. in Village- Murli, hamlet of Village- Semar, P.S. Kuraoli, District-Mainpuri, Bhojraj Singh was taking his meals whereas his sister was sitting by his side, a lantern was lit. About 8-10 dacoits armed with country-made pistol and lathi committed dacoity in the houses of Bhojraj Singh, Ram Bharosey, Mathuri and Nawab. For about half an hour, the dacoits looted the property. Sri Bhawani set Mustard Turi on fire causing sufficient light. On alarm being