PANIGRAHI, J.

( 1 ) THERE are two appeals directed against the judgment of the Sessions Judge bolangir Kalahandi, in Sessions Case No. 27 of 1949. There are three appellants in Cr. App. No. 8 of 1950 and one in Cr. App. no. 16 of 1950. All of them have been convicted under Schedule 95, Penal Code and sentenced to seven years rigorous imprisonment each. . Altogether twelve persons were put on trial and eight of them have been acquitted.

( 2 ) THE case for the prosecution is that the appellants, along with certain other persons, numbering about thirty, forcibly entered into the house of the complainant Sardul Nag at about 10 P. M. on the night of 4-9-48 and committed dacoity. They were all armed with thabies, knives, lathis and torches, and carried away paddy, rice, utensils, molasses, as well as gold ornaments. On the next morning the complainant reported the matter to dasarathi, Gountia of Rugurupalli, a neighbouring village and also sent word to sribanta, Gountia of Nagapalli, another neighbouring village. Both the Gountias, along with other villagers, gathered at the house of the complainant, and thereafter Sardul Nag went to the Police Station at Sonepur and lodged F.. R. at a