JUDGMENT

Prinsep and Hill, JJ. - The appellants on these two sets of appeals have all been convicted at the same trial u/s 401 of the Penal Code of belonging to a gang of persons associated for the purpose of habitually committing thefts. The evidence shows that they alt came from the same neighbourhood in Oudh, and that they are in many respects associated together. The question, however, raised is whether the evidence proves the particular offence that their association was for the purpose of habitually committing thefts. The circumstances which have led to this case are remarkable.

2. There was a big religious gathering or mela at Gaya early in September last, and the Police were on the look-out to protect the public against thefts committed when crowds were assembled. Lachman Pasi was caught in the act of picking a pocket, and his companion was pursued towards a certain house. That house was surrounded by the police and searched, and in it the appellants were found, including Thakur Basi, who has been identified as the man who was pursued. While the house was surrounded a man was seen trying, to escape by walking on the cornice towards the roof of the adjoining house. The cornice