Judgement

NARASIMHAM, J. :- This is an appeal from the judgment of the Sessions Judge of Balasore convicting the appellants under S. 400, Penal Code and sentencing them to various terms of imprisonment. Fortyfive persons were tried in the Court of the learned Sessions Judge for an offence under S. 400, I.P.C., on the allegation that they belonged to a gang of persons associated for the purpose of habitually committing dacoity during the period from 28-11-49 to 18-7-52.

The learned Sessions Judge convicted twenty-three persons and acquitted the rest. The State Government preferred an appeal (Government Appeal No. 8 of 1954) against the acquittal of Abhimanyu Sahu, Paramananda Behera and Kalicharan Maharana. They also filed a revision petition (Crl. Rev. No. 103/54) for enhancement of the sentence passed on Gour Chandra Dutta and Amulya Chandra Das. Of the convicted persons accused Haradnan Mukherji, Gour Chandra Dutta, Kalu Khan, Sk. Kasi alias Kasiruddin and Gourhari Jena did not prefer any appeal against their conviction and sentence.

The remaining convicted persons preferred both regular appeals and jail appeals. All these appeals and the criminal revision were heard together and wi