JUDGMENT

Sadanand Mukherjee, J.—The instant appeal is directed against the judgment and order dated 24.11.1987 passed in Sessions Trial No. 300 of 1985 by Shri Narendra Narayan Singh, 3rd Additional Sessions Judge, Ara wherein and whereunder the appellant Nathuni Yadav had been convicted under Section 396 of the Indian Penal Code and further had been sentenced to undergo rigorous imprisonment for life under the aforesaid section, stating therein that the period undergone by him, as under trial prisoner, would be set-off as provided under Section 428 of the Code of Criminal Procedure.

2. Case of the prosecution relates to an offence occurred on 22.5.1984 at about 11 p.m. Ram Pravesh Ojha (deceased) was sleeping at Sahan i.e. open space outside his house, where his sons Barmeshwarnath Ojha (PW 6), Gora Ojha (PW 8) and Rinku Ojha were also sleeping, whereas the informant, brother of the deceased, Brijlal Ojha was sleeping in the courtyard (sahan) in the house and the ladies were sleeping inside the rooms. The deceased Ram Pravesh Ojha raised alarm and thereafter there was a firing upon which the aforesaid Rampravesh Ojha again raised alarm. The inmates of the house opened the main doo