RAJU, J. :-

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Before we deal with the evidence, it would be desirable to state what the prosecution has to prove in a charge under S. 401, I. P. C., which reads as under :

"Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of Thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine."

As the section clearly mentions, the prosecution has to prove that the accused person charged under S. 401 belongs to a gang of persons and that the gang of persons is associated for the purpose of habitually committing theft or robbery. The word belong implies something more than casual association; it involves the notion of continuity and requires the proof of a more or less intimate connection with a body of persons extending over a period of time sufficiently long to warrant the inference that the person affected had identified himself with the gang the common purpose of which was the habitual commission of either theft or robbery. It would therefore not be