The main legal point established in the judgment is the admissibility of evidence, particularly confessional statements and witness depositions, and the impact of their illegal admission on the fairness of the trial.

JUDGMENT

Das, J. - Six persons, namely Satis Chandra Seal, Sudhir Kumar alias Dulo Bose and Brojendra Nath Alias Cheton Mitra being the three appellants in Appeal No. 109 of 1943 and Charubala Dassi being the appellant in Appeal No. 130 of 1943 and Surendra Nath Mitra and Beni Madhab Moulik were put upon their trial on a variety of charges before the Additional Sessions Judge of Khulna. The appellant Satis was charged u/s 409, Penal Code, or alternatively u/s 52, Post Office Act. He was unanimously found guilty, by the jury u/s 409, Penal Code, and was sentenced under that section to six years rigorous imprisonment and to a fine of RS. 200 and in default of payment to a further period of one year's rigorous imprisonment. The appellants Sudhir and Brojendra were charged u/s 409/120B, Penal Code, or alternatively u/s 52/70, Post Office Act, and also u/s 411, Penal Code. The jury brought in an unanimous verdict of guilty against both of them u/s 409/120B and also u/s 411. The appellant Sudhir was sentenced u/s 409/120B to five years rigorous imprisonment and to a fine of Rs. 200 and in default of payment to a further period of one year's rigorous imprisonment. The appellant Brojendra was sentenced u/s 409/120B to rigorous imprisonment for five years. No separate sentence was passed on either of them u/s 411, Penal Code. The appellant Charubala was charged u/s 411 or alternatively u/s 414, Penal Code. She was unanimously found guilty by the jury u/s 414 and was sentenced to six months' rigorous imprisonment. The other two persons Surendra and Beni Madhab were charged u/s 409/120B, Penal Code, or alternatively u/s 52/70, Post Office Act. They were unanimously found not guilty of either of the charges and were acquitted. Against their respective convictions and the sentences passed on them by the Additional Sessions Judge of Khulna on 20th January 1943, Satish, Sudhir and Brojendra have preferred Appeal No. 109 of 1943 and Charubala has preferred a separate appeal, being Appeal No. 130 of 1943. The two appeals came up before us together. The case which was set up by the prosecution at the trial before the Additional Sessions Judge may be briefly summarised as follows:

2. In April 1942 there were attached to the Khulna Bazar Post Office, which was a sub-post office, three employees namely the Sub-Post Master, Panchanan Biswas (P. W. 1) the clerk, Shaik Abdul Gani (P. W. 2) and the mail peon, Satis Chandra Seal appellant 1 in Appeal No. 109 of 1943. On 27th April 1942, four insured parcels of the total value of Rs. 9300 and two V. P. parcels and one ordinary registered parcel and certain ordinary parcels were delivered at the Khulna Bazar Post Office for transmission to the respective addressees. At about 5 P.M. on that date the four insured parcels were put into a small yellow bag by the Sub-Post Master in the presence of the clerk and Satis. Satis tied up the bag after pasting a label and sealed it with the insured seal. The registered parcels were similarly put in another small bag and sealed. Then these two small bags and the ordinary parcels and some letters in a bundle and a parcel list made out by the clerk and signed by the Sub-Post Master were put in a bigger bag called the mail bag which was tied up and sealed by Satis with the mail seal. All this operation took place in the presence of all the three employees of the Khulna Bazar Post Office. After this the clerk Shaik Abdul Gani left the post office. Shortly thereafter the Sub-Post Master Panchanan Biswas also left the post office, having been called away by the appellant Sudhir, a clerk of the Postal Superintendent's office, by means of a slip and the appellant Satis waited at the Khulna Bazar Post Office with the Mail bag for the arrival of the hand cart from the main post office with the mail bags from there. Before his departure the Sub-Post Master left with the appellant Satis the mail seal to enable the latter to seal the second mail bag containing ordinary letters to b