( 1 ) THESE two appeals are by two persons, Provash Kumar Bose and Azizur Rahman who were tried together by a Presidency Mag. of Calcutta. Provash Kumar Bose was convicted under Section 384, I. P. Code and Azizur Rahman under Sections 384-199, I. P. C. Both were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 201 in default to undergo rigorous imprisonment for another three months.

( 2 ) THE prosecution case was that in the early hours of the morning of 21-12-1947 these two accused came to the bakery belonging to Daud Rahman at No. 9, Nawab Abdul Latif Street and when the door was opened, entered the bakery saying that they were men from the Civil Supplies Dept. Azizur Rahman, it is said, weighed one loaf of bread and said that it was under-weight and when, on his demand, Daud Rahman was called, the applt. Azizur Rahman told Daud Rahman that he would have to go to the thana as the loaves of bread in his bakery were under-weight and it is said that the applt. Provash caught hold of his hand and threatened him with a revolver while Azizur Rahman whispered something to Daud Rahman's son Gani who was also there. Thereafter Gani opened