JUDGMENT

Jiteadra Nath Chaudhuri, J.-These two appeals being Crl. Appeal No. 421 of 1979 Gofur Sk. v. State and Criminal Appeal No. 495 of 1979 Panchanan Kahar alias Pacha Kahar v. State were heard together as they arose out of orders of conviction under Section 396 of the Indian Penal Code arid sentences of the imprisonment passed in Sessions Trial No.2 of July, 1979 by the Learned Additional Sessions Judge, Murshidabad.

2. Originally in that joint trial two other accused namely, Sohorab Sk. and Israfil Sk. were also charged under section 396 of the Indian Penal Code and one Dhiren Rajbansi and one Ainal Haque were charged each under Section 412 of the Indian Penal Code for possession of articles arising out of the dacoity Excepting the two present appellants all others have been acquitted of the respective charges leveled against them.

3. The charge against each of the present appellants reads as follows: "That you, on or about the 25th day of June. 1974 at village Kodla under P. S. Beshampore along with 20/22 persons committed dacoity at the house of Sudhir Chandra Mondal and that in the commission of such dacoity murder of Ananta Mondal was committed by one of your members and