JUDGMENT

Newbould and Mukerji, JJ. - The two appellants before us and one other accused, Jahar Bhumij, were tried before the Sessions Judge of Hooghly and a jury on charges of having committed dacoity in the house of Balaram Mukerji on the 12th August last, and the two appellants were also charged u/s 412 with having dishonestly received and retained stolen property which they knew and had reason to believe to have been transferred by the commission of dacoity. The jury found Jahar not guilty by a majority of three to two. They unanimously found the two appellants not guilty of dacoity, and by a majority of three to two found both of them guilty u/s 412 of the Penal Code. Under this Section the appellants were sentenced to three years' rigorous imprisonment.

2. For the prosecution evidence has been given that the dacoity was committed on the 12th August last, at about 3 A.M., in the house of Balaram in Bhastara, The evidence in support of the charges on which the appellants have been convicted is to the effect that in the possession of each of them was found an article that was stolen by the dacoits. The houses of these two appellants were searched on the 6th September 1923. In the h