JUDGMENT

H.C. P. Tripathi, J. - These ten appellants have filed this appeal against their convictions recorded by the learned Assistant Sessions Judge of Azamgarh in a ease under Section 3951397, I.P.C. Appellants 1 to 9 have been convicted under Section 395/397 I.P.C. and sentenced to eight vears rigorous imprisonment. Appellant No. 10 Dulare has been convicted under Section 412 I.P.C. and sentenced to five years rigorous imprisonment.

2. The prosecution story, in brief, is as follows :-

In the afternoon of July 11, 1962 the male members of the complainants family except himself had gone to Bilariaganj in the marriage party of his brother Bindhyachal. During the night a lantern was burning inside the house and the ladies of the family had been singing marriage songs till after midnight. Then they were going to retire, their cries was heard by the complainant who was sleeping outside that Chaudhari, Kalpu, Moti and Badri of Durgapur were looting them. The complainant and his neighbour Pheku were awakened by this alarm and in the light of the torch they saw some dacoits armed with spear and torches standing at the door of the outer courtyard. They thereupon raised an alarm which attr