Judgment

DUA, J. :- The four appellants in this appeal by special leave were committed to stand their trial in the Sessions Court for an offence under Section 395, I.P.C. for having committed a dacoity in the house of Hardeo Mahton in village Kursel, police station Hunterganj, District Hazaribagh in the State of Bihar. The learned Assistant Sessions Judge, Hazaribagh tried the case. Against Jashim Mian alias Sahajad Mian, appellant No. 2 in this Court (he was accused No. 2 in the trial Court) a new additional charge was framed by the trial Court under S. 307, I.P.C. for the offence of attempt to murder Burhan Mahaton. This appellant had during the course of dacoity fired a gun-shot at Burhan Mahton thereby causing him injuries on the abdomen and left arm. According to the trial Court had Burhan Mahton died with the gun-shot injuries then accused No. 2 would have been guilty of murder. On this view an additional charge under S. 307, I.P.C. was framed against the second accused. The dacoity in question had taken place on the night between 11th and 12th April, 1964. The trial Court held both the charges proved and convicted the four accused under S. 395, I.P.C. sentenceing each one of