JUDGMENT

Rankin, C.J. - In this case we have first of all, two accused, who appeal from jail and next, two other accused, whose cases have been argued very carefully before us by their learned advocate. These parsons have all been tried under Ordinance 2 of 1932, by a special Magistrate, who has convicted them on the charge of conspiracy to commit dacoity and also on a charge u/s 402, I.P.C.-preparation for committing dacoity-and has given them sentences of three years and five years respectively to run concurrently. The case is one in which the approver was examined after the special Magistrate had commenced the trial. He was tendered a pardon and made a prosecution witness and his story was that the appellants now before us had all taken part with him in a conspiracy to go to a place called Chak near Haripal and carry out a dacoity in the house of a certain barrister. The police had received intimation that a dacoity in this house was contemplated and, on the night of 6th February, certain persons went down from Calcutta to Haripal station by the night train and a number of constables were watching out for suspicious persons projecting this dacoity. The evidence is that the accuse