Shearer, J.

1. This is an appeal by five men who have been convicted by the learned Assistant Sessions Judge of Monghyr under Sec. 412, Penal Code. Three of them have been sentenced to undergo Rule I. for 6 years, while the other two have been sentenced to undergo Rule I. for 3 years. In addition, each has been sentenced to pay a fine of Rules 200 or, in default, to undergo Rule I, for 3 months more. On 1-2-1949, a young Brahmin, Achhutan and Pathak, who is an employee of a firm of cloth dealers in village Bakhri, went to Begusarai to purchase cloth for his firm and for two other firms at Bakhri. An employee of one of the other two firms went to Begusarai with him. A considerable quantity of cloth was purchased, and was put up in eleven bags and afterwards Achhutanand Pathak hired a bullock cart driven by one Bankey Gope. The baga were put on this bullock cart, and Bankey Gope and Achhutanand Pathak set out for Bakhri in the latter part of the night. When the cart had reached a point on the road two miles or so away from Begusarai, it was stopped by a cumber of men armed with lathis. These men assaulted Achhutan and Pathak and took away six of the bags. They also deprived A