JUDGMENT

1. The Appellants have been convicted under sec. 395 of the Indian Penal Code, at a trial held by jury of the offence of dacoity. The first three Appellants, Jamiruddin, Meher Ali Mondul and Hadan, have been sentenced to transportation for life on the ground that they were convicted of a similar offence at a trial held a few days before the present one and were sentenced to seven years' rigorous imprisonment on that occasion.

2. The 4th Appellant, Dwarik, and the 10th Duti Kalu alias Dudh Malik have been sentenced each to 10 years' transportation on the ground that each has a previous conviction of theft standing against him.

3. The 6th Appellant, Nayan Sha, has been sentenced to 8 years' rigorous imprisonment as having taken a leading part in the dacoity.

4. The remaining Appellants have been sentenced each to seven years' rigorous imprisonment.

5. We regret to be constrained to remark that the case has been put before the jury in a manner very far from satisfactory. It is of the first importance in cases of this kind, where several accused persons are being tried together on evidence which is not identical, that the evidence affecting each individual should be clearly and car