P.S. Mishra, J. - (1.) The appellants have been convicted by the Sessions Judge of Rohtas, Sasaram, under Sec. 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. There were five more accused, who were tried along with the appellants but they have been acquitted. On the night of 26/27.6.1977 several dacoits entered into the house of Ram Naresh Sah in village Kusumhra Tola, P.S. Nasriganj, district Rohtas and looted away the valuables. Amongst those who committed dacoity, the appellants and five others were identified and according to the first information report, appellant No. 1 Kanhaiya Nonia killed Ram Naresh Sah. The first information report was lodged by Jai Sah (P.W. 8) the victim's uncle. He is not an eye witness of the occurrence except that he heard noise and came from the Baithka, where he was sleeping and saw 10 -12 dacoits Seeing away from north to south from his house.
(2.) After investigation of the case, the police submitted charge sheet under Sec. 396 of the Indian Penal Code. After cognizance and commitment, the appellants and other accused persons were tried before the Sessions Judge of Rohtas, Sasaram. They have been found guilty of the offence under Sec. 396 of the Indian Penal Code and they have been, accordingly, convicted and sentenced to undergo rigorous imprisonment for life.
(3.) The appellants and other accused persons in their defence in course of their trial maintained that they have been falsely implicated and according to them the fact and circumstances of the case only indicated that Ram Naresh Sah had not been killed in the house in the manner as alleged and the accused persons have been falsely implicated. They also maintained that there is no independent witness of the occurrence and the prosecution case suffers from legal infirmities.;