( 1 ) THESE are appeals under Section 417 of the Criminal Procedure Code. They relate to one incident. It is alleged that the respondents delayed one Ningappa on the night of 13-12-1958 to cholenahalli village and there they murdered and robbed him. The charge of murder was tried by the learned Additional Sessions Judge, Mysore, Camp Hassan, in Hassan Sessions Case No. 4 of 1959, and the respondents were acquitted as per the judgment dated 15-4-1959. Cr. A. No. 207/59 is directed against the said decision. After the acquittal of the respondents in H. S. C. No. 4/59, the respondents were tried for the offence under section 392 I. P. C. by the learned Principal Sessions Judge, Mysore, Camp: hassan, with the aid of Jury in Hassan Sessions Case No. 5 of 1959. In that case the Jury returned a verdict of 'not guilty'. The learned Sessions Judge accepted the verdict of the Jury and acquitted the respondents. In Criminal Appeal No. 318/59, the legality as well as the correctness of the order in H. S. C. No. 5/59 is assailed.

( 2 ) WE shall first take up Cr. A. No. 207/59. (After briefly stating the prosecution case, the judgment proceeded:)

( 3 ) THE evidence against the respon