H.K.Chaudhuri, J.

1. This is an appeal by the State Government from an order of acquittal of the respondents who were put on trial in the court of the Assistant Sessions Judge of Bhagalpur on charges of criminal conspiracy, arson and abetment of arson. All the respondents were charged under Sections 120B/436 and 430/109, of the Indian Penal Code. Srilal Kejriwal, respondent No. 1, Mahadeo Lal Santhalia, respondent No. 2, his maternal uncle, and Bhola Mander, respondent No. 4, his motor driver, were further charged under Sec. 436/34 of the Indian Penal Code. Bhola Singh, one of the accused persons, died sometime after the commitment proceedings.

2. The occurrence which gave rise to the prosecution took place at about midnight between the 24th and 25th June, 1953, at Tilkamanjhi, a quarter in the town of Bhagalpur. There was a serious explosion with fire as a result of which the double-storeyed godown building of a mill, known as the Bhagwati Hosiery Mill, was completely blown up and three persons, viz.(1) Bhagwati Ram Kejriwal, the father of respondent No. 1 Srilal, and one of the Directors of the Mill, (2) Shivaram Sharma, an employee of a firm, known as Gopalrai Ramchandra