JUDGMENT :

RAJ BEER SINGH, J.

1. This Criminal Appeal has been preferred against judgment dated 19.12.1986 and order dated 20.12.1986 passed in Session Trial No. 194 of 1979 (State vs. Ram Shanker and Others), Crime No. 65/1979, under Sections 395 of IPC, Police Station Shivrajpur, District Kanpur Dehat, whereby accused-appellants Ram Shanker, Mahesh, Bodhu, Chhotey Lal and Ram Babu were convicted under section 395 of IPC and sentenced to five years rigorous imprisonment.

2. During pendency of this appeal, appellant no. 4 Chhotey Lal has passed away thus, this appeal qua appellant No. 4 was abated.

3. Prosecution version is that on the intervening night of 22/23.03.1979, informant/PW-1 Kailash Nath was sleeping under thatch roof of his house whereas women of his family were sleeping inside the house and there was light of lantern. At around midnight, 6-7 bandits, armed with pistols, hockey and sticks, intruded into his house through the roof and opened the main gate of the house. Out of them, two bandits over-powered informant Kailash Nath and his father whereas other bandits committed dacoity in his house. Hearing noise, many villagers including Ramesh Chandra, Bhagwan Deen, Bhagwat,