Judgement

SINHA, J.: This is an appeal by special leave from the judgment and order of a single Judge of the Allahabad High Court Confirming those of the Sessions Judge of Azamgargh so far as the appellants were concerned, convicting them under S. 395, I. P. C., and sentencing them to rigorous imprisonment for seven years each.

The three appellants along with three other including Bhirgu Singh were placed on trial for dacoity before the learned Sessions Judge of Azamgargh who convicted and sentenced all of them as aforesaid. On appeal to the Allahabad High Court, the learned Judge acquitted three of them but maintained the conviction and sentence of the three appellants.

2. The occurrence of dacoity which was the subject matter of the charge against the appellants and others, is said to have taken place at the house of one Kalapnath Singh (P. W. 1), whom we shall call the complainant. He sent a written report to the police station at Mohammadabad, sub-district Ghosi, through the village chowkidar (P. W. 8). That report was treated as the first information (Ex. P-6) dated 4-6-1951 at 3-15 A. M. The police station is about four miles from village Dangauli, where the occurrence is said t