J.N. Datta, J.

[1] Appellants (1) Bhanulal Das, (2) Jogendra Marak, his brother, (3) Nagendra Marak, all of Madhuban village and (4) Naman Marak of Mahishmara village were tried along with another (who was acquitted) before the Assistant Sessions Judge, Tripura, who convicted them for dacoity punishable under Section 395 of the IPC and sentenced each of them to undergo Rule I, for a term of five years.

[2] The dacoity which was not disputed and for which there was ample evidence, was committed by unknown persons, at the cloth shop of Prabhat Datta (P.W. 1) between 8-30 and 9 P, M. on 24-8-1954 at Shekerkut village which is about 9 miles from the Police station at Agartala and is situated on a motorable road connecting it with Agartala.

The shop in question is located in the Bazar at Shekerkut, and there me other shops in its vicinity and at the time of commission of the dacoity a gas lamp was burning in the shop, There were some others also sitting with P.W. 1 in the shop, when the dacoits numbering about ten came there, and at the point of revolvers took away cash, cloth and other articles from the shop and two rings from the fingers of P.W. 1. All this happened within abou