JUDGMENT :

Virendra Kumar Srivastava, J.

The instant appeal has been filed against the judgment and order dated 06.02.1981, passed by the IInd Additional Sessions Judge, Bahraich, in S.T. No. 417 of 1979 (State vs. Awadh Ram and others), arising out of the Case Crime No. 43 of 1979, under Section-396 IPC, Police Station (in short P.S.) Sonwa, District-Bahraich whereby respondents-accused (hereinafter referred to as 'the respondents,) Awadh Ram, Piarey, Chhotey, Gaya Prasad, Jhabbar, Kallan, Azeem Sain, Bharosey and Hari Ram have been acquitted by the trial Court from the charge for offence under Section 396 IPC.

2. The brief facts, arising out of this appeal, are that Awadh Ram, (Pw1), informant, resident of village Majhawwa Bujurg, P.S.-Sonwa, District Bahraich, lodged first information report (in short FIR) (Ext. Ka-1), on 03.7.1979 at 6.40 A.M., stating therein that in the intervening night of 2/3 July, 1979, he, his father Samaydin, brother Faren and other family members were sleeping outside his house whereas the ladies were sleeping inside the house. A lantern was emitting light on the Darawaja (outer door of Court-yard) of the house. At about 00.30 A.M., 18-20 dacoits appeared