1. Each of the three appellants of this appeal was sentenced to six years rigorous imprisonment under. S. 399 of the I. P. C. (briefly stated the Code). They were further sentenced to six years rigorous imprisonment under S. 402 of the same Code. The sentences were ordered to run concurrently. The convictions and sentences were recorded by the First Assistant Sessions Judge, Santhal Perganas, Dumka.

2. Briefly stated, the prosecution case is that on September 3, 1968 at about 9-30 P.M. at night the appellants along with certain others were found sitting in the third class waiting hall of Mirzachawki Railway station within Sahebganj Police station in the district of Santhal Perganas and they were talking among themselves in a manner which aroused suspicion in the mind of P.W. 1 Ramdahin Ram, the informant. It appears that some persons including a constable arrived there. The appellants started running away. They were, however, chased and caught. Appellant Brijlal Mandal was apprehended at the time when he was entering into an empty wagon of a goods train. The other two appellants Lakhan Choudhary and Kamdeo Choudhary were apprehended at the Mirzachawki Chauraha. All the thre