The above named appellants preferred this appeal against their conviction and sentence under Section 396, I. P. C. to ten years rigorous imprisonment and a fine of Rs. 2,000 each passed by Sri B. P. Mahrotra, IV Addl. Session Judge, Mainpuri on 1st March, 1979.

2. The facts of the case in brief according to the prosecution are that the dacoity had taken place at the house of Hori Lal in village Nagla Hari Ram, P. S. Kotwali, district Mainpuri in the night between 31st December, 1975 and 1st January, 1976 wherein Hori Lal had been murdered while his wife Scot.

Phulmati and daughter Smt. Premwati (PW 1) had received injuries. Written report of the occurrence (Ex. Ka-1) is alleged to have been lodged in the morning of 1st March, 1976 at 6-40 a. m. by PW Phulan Singh, husband of Smt. Premwati and son-in-law of the deceased Hori Lai, on the basis of which case was register ed and investigation started. In the F. I. R. . six accused, namely Chakki, Vijai Ram, Gaya Prasad, Panna Lal, Ram Dayal and Subedar were named. Besides that presence of several other unknown dacoits was alleged. Out of them nine accused, namely, Gaya Prasad, Ram Dayal, Subedar, Chakki, Raja Ram, Mahar