(1.) ALL the five appellants have been convicted under Section 396 of I. P. C. and sentenced to imprisonment for life thereunder for committing dacoity with murder at the house of Dharam Pal Singh of village Dakauli, and at the houses of Mule Singh, Daljeet Singh, Vijay Shanker and Nanhey Singh of nearby village Ataisua, in the intervening night of June 21st and 22nd of 1979.
(2.) OUT of the five appellants, four namely, Chhedi @ Master Ram Swaroop, Brahamdeo and Babu Lal have already died during pendency of this appeal. Only Sant Kumar is surviving.
(3.) AMONGST the witnesses examined by the prosecution, Dharam Pal, Veer Pal and Nankau (P. Ws. 1, 2 and 5) respectively deposed about incident of village Dakauli in which Mule Singh was killed and house of Dharam Pal was looted. Rajole Singh (P. W. 6), son of the deceased, Mule Singh stated about the commission of the dacoity in village Ataisua. The learned Sessions fudge believed them and recorded a finding of guilt against the five named accused- appellants.