An armed dacoity was committed at the house of the complainant Dhanpat Prasad PW-5 in between the night of 29/30th June, 1978 in village Taraon, P. S. Baberu, District Banda in which his father Kedar Nath was burnt and later on died. The report was lodged by Dhanpat Prasad on 30-6-1978 at 10 a. m. The distance of the police station from the place of occurrence was 8 miles. In all, six persons were named as the participants of the said dacoity, but only three, namely, Ram Autar, Bachha and Nathoo were put on trial. Out of them, Ram Autar was acquitted being given the benefit of doubt and the present two appellants were convicted under Section 396 IPC and sentenced to life imprisonment.

2. The case was that the complainant had a Chakki (flour Mill) in the village aforesaid, by the side of which he had a Chakkighar. In a room thereof, Kedar deceased, Laxmi and Santosh Kumar were sleeping. At about mid-night, 8-9 bandits reached the courtyard by scaling the wall of Chakkighar. A lantern was glowing. From the courtyard the bandits entered the room and the house. They started searching the property and valuables and also enquired for the same from them. Two of the bandits