Vinod Prasad, J.: -

This appeal by the three appellants, father Hansi and his two sons Lakhan and Amroo, all residents of village Gautara, P.S. Hazratpur, district Budaun is directed against impugned judgment of their conviction u/s 395 I.P.C. and order of sentence to 10 years R.I. therefor, dated 30.1.1982, imposed by Special Judge, Budaun in S.T. No.505 of 1980, State Vs. Hansi and others, P.S. Hazratpur, District Budaun. Pending final outcome appeal of father appellant no.1 Hansi was abated as he has already left for his heavenly abode and consequently appeals of two surviving sons appellants no. 2 &3 Lakhan and Amroo have been considered by this judgment.

2. Charge against the appellants as are discernible from the written F.I.R. Exhibit Ka-1 and deposed during the Sessions Trial revealed that in the intervening night between 23/24.5.79 at about mid night, informant Angad s/o Peetam Gadaria was sleeping in his his pen, where his cattle shed also existed, along with Jagdish, Mangali and Kewalji. Rest of his family members including his wife Kalawati, his brother Ram Chandra and his wife Launga, sister Bhagwanna, niece Munni and Prema and their children were sleeping inside