( 1 ) THE appellant Shivsahai Singh, along with six others, has been convicted under S. 396/397, I. P. C. and each sentenced to imprisonment for life and fine of Rs. 500/-or in default further R. I. for one year. This appellant and co-accused Ramsajeevan have been further convicted under S. 25/27 of the Arms Act and sentenced to R. I. for two years on each count, both the sentences to run concurrently. The seventh accused Amresh Kumar who was charged under S. 412, I. P. C. has been acquitted and the State has not preferred any appeal against acquittal of Amresh Kumar.

( 2 ) IT is not in dispute that on 5-10-1979 at about 8. 45 p. m. the deceased Krishna Kumar Agrawal with his family members Ruliram (P. W. 4) his father, wife Bala Devi (P. W. 2), Vedprakash (P. W. 5), son-in-law, Shambhu Kumar (P. W. 6), nephew and other inmates were listening the radio in their house in village Bhatgaon, P. S. Pratappur, district Sarguja. His father Ruliram (P. W. 4) was lying on a cot in the parchi after his dinner. The deceased was running a shop in the village. At that time some one knocked the door and one of the dacoits made the deceased open the shop and he purchased a torch wit