JUDGMENT

Lort-Williams, J. - This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal, on behalf of the Government of Assam, against the order of the First Additional Sessions Judge of the Assam Valley Districts, dated May 15, 1934, setting aside the convictions of the respondents and the sentences passed thereupon, for offences under Sections 380 and 411 of the Indian Penal Code. The Sessions Judge did not go into the merits of the case but decided the appeal on a point of law. It is unnecessary, therefore, to go in detail into the facts. They are sufficiently stated in the appellate judgment.

2. The case arose out of two thefts in two running trains, 29 Up and 30 Down, of the Assam Bengal Railway on the nights of August 17 and August 22,1933, and concerning two passengers, the owners, respectively, of two suit cases which, were stolen from their compartments on the two nights mentioned. Both the suit cases were found in the early morning of August 22, in the house of the respondent Raghu Lal about a mile from Nakachari Railway Station on the same line. At the time when they were found partly concealed in Raghu Lal's house, Dhanjir and Hanuman also were foun