(1.) Heard learned counsel for the appellant and the State.
(2.) The appellant has been convicted for offence under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment for five years.
(3.) The prosecution case, as alleged by the informant, Shiv Shanker Yadav, that in between the night of 30th June and 01st July, 1981, at 11.30 p.m. while he was sleeping at is darwaza then 8-10 persons came and started assaulting him and after assaulting his father, closed him in a room and was asking about the articles and about 15-20 dacoits entered into the house as well as in the house of next door neighbour, Dulari Yadav. The accused persons were asking to assault and fire and then it is alleged that he any how managed to escape and, thereafter, the dacoits fired causing injury on his chest. He has, further, claimed that he identified the accused in the light of torch as Kinu Yadav, Fani Yadav, Sitaram Yadav, Shiv Bachan Yadav, Chandeshwari Yadav and Shivjee Yadav. It is, further, alleged that the motive for the occurrence is that two months prior to the occurrence he has taken the sale deed from one Pano Devi and Kinu Yadav has threatened and for that he has also filed a sanha and has given the description of the articles, which has been looted away.