Pathak, J. :- Criminal Appeal No. 32 (J)/68 and Government Criminal Appeal No. 13/68 are directed against the order of conviction and sentence and the order of acquittal respectively passed in Sessions Case No. 41 (K) of 1967. Altogether 51 persons were charged under Section 400, Indian Penal Code and tried by the learned Sessions Judge, Goalpara. Out of them the case against 1 was given up by prosecution, 16 were convicted and 34 were acquitted. The 16 persons who were convicted and sentenced have referred Criminal Appeal No. 32(J)/68 from the jail. The State Government has preferred Government Criminal Appeal No. 13/68 against the order of acquittal of the 34 accused persons.

2. In Government Criminal Appeal No. 13/68. Mr. S. N. Bhuyan, the learned counsel, has appeared on behalf of 6 Respondents, that is, Respondents 14, 23, 25, 27, 29 and 30.

3. The prosecution case, in brief, was that the accused persons belonged to a gang associated for the purpose of habitually committing dacoities in the districts of Goalpara, Kamrup, Nowgong, Darrang and Lakhimpur during the period from 1961 to 1966. During the said period there were series of dacoities in the said districts. In m