Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the Patna High Court confirming the conviction and the sentences passed by the trial Court against the appellants. The appellants were convicted under Ss. 399 and 402 and sentenced under Section 399 to 10 years R.I. and under Section 402 to 7 years R.I. The sentences were directed to run concurrently.

2. The prosecution case has been detailed in the judgment of the High Court and it is not necessary for us to repeat the same all over again. It appears that on the date of occurrence, the appellants along with the others, had assembled at a lonely spot in the school premises and were detected by a Police Patrol Party on seeing whom some of the accused tried to run away but some of the appellants were caught.

3. One of the appellants was found to be in possession of a gun and live cartridge and others had merely one live cartridge each in their pockets.

4. The Courts below have drawn the inference that the appellants were guilty under both the offences merely from the fact that they had assembled at a lonely place at 1 A.M. and could give no explanation for their presence at that odd hour of the nigh