Das, J.

1. This is an appeal by the State of Bihar against an order of acquittal recorded by the learned Ses. J. of Bhagalpur in respect of one Amir Hasan, aged about thirty-two years who was tried by the learned Ses. J, for an offence under Section 5, Explosive Substances Act. The assessors who aided the learned Ses. J, were-of the opinion that the respond)nt (Amir Hasan) was guilty. The learned Ses. J. did not accept the opinion of the assessors & acquitted the respondent. Three women, namely, the mother of the respondent, his wife & the wife of another member of the family, were also on trial before the learned Ses. J, They were also acquitted. The appeal against the order of acquittal when presented for admission in this Court, was not pressed as against the women accused persons, & the appeal was admitted only in respect of the respondent Amir Hasan. It may also be stated that the respondent Amir Hasan had an elder brother Abdul Hasan in, who was also committed to the Court of Session. He was suffering from pthisis, & died about a month before the trial began.

2. The facts found & not disputed before us are these. On 7.5.1948. at about 6 a. m there was a raid by a poli