( 1 ) OM Prakash, Ganga Sahai, Banney, Sharafat, Bhopal and Hira Singh were tried before the sessions Judge of Moradabad for the offence of dacoity accompanied with murder under Section 396 I. P. C. The learned Judge found the evidence against Bhopal and Hira Singh insufficient and acquitted them. He held the charge fully proved against the remaining four persons. He sentenced Om Prakash to transportation for life, while to Ganga Sahai, Banney and Sharafat he awarded rigorous imprisonment for fourteen years each. In addition he imposed a fine of Rs. 100/- on each of the pe. isons he found guilty. The present appeal has been preferred by these four persons against their conviction and sentences.

( 2 ) THE offence took the form of a highway robbery by more than five persons who were armed with pistols and lathis. The victims were a dozen shopkeepers of the town of Sambhal, most of whom are refugees from what it now is West Pakistan. They have given the details of the crima it appears from their testimony that on 17-10-1950 they had gone with their ware to the weekly market of a village called Sondhan. After spending the whole day doing business they started off for home towards the evening, carrying with them the proceeds of the sales made during the day and the unsold goods. They were following the main road, and some were riding ponies while others were on foot. At about 7-30 P. M. they reached a point on the road lying between the villages of Kanwalpur and salarpur. At that point a footpath, which serves as a short cut, leads off from the main road. Three of the shopkeepers decided to follow the footpath, while the rest continued their journey on the main road. The three men who had just separated were suddenly attacked by a gang of at least six robbers who carried pistols and lathis. Pistol shots were first fired and then looting indulged in. After looting the three shopkeepers the miscreants came on to the main road and set upon the remaining nine. In the course of the robbery the criminals did not hesitate to use their weapons even their firearms. A shopkeeper named Jaswant Singh was shot dead; another named Sri Chand was seriously injured with a bullet; four others were, administered lathi blows. The dacoits appropriated whatever they could lay their hands upon, comprising about Rs. 500/- in cash and goods worth about Rs. 400/ -. The victims had started shouting for help immediately the attack on them had been, launched, and their alarm attracted to the scene the residents of a neighbouring village. These persons rushed towards the scene challenging the wrongdoers. On their approach the robbers fled with their booty. It was the seventh night after the new moon, and since the night was a clear one, the entire area was illuminated with bright moonlight. The looting and the violence, had naturally brought the robbers very close to their victims, so that the latter had every chance of seeing them at close quarters in the light of the moon and of mark- ing their features. The miscreants were complete strangers. A report of the occurrence was lodged by one of the victims without delay at the police station of Sambhal.

( 3 ) THE story of the crime as narrated by the shopkeepers stands unchallenged and conclusively proves the commission of an offence punishable under Section 396 I. P. C. , and indeed the learned counsel for the appellants before us has made no attempt to question the factum of the crime. Accordingly all that is necessary for us in this appeal is to exa- mine the evidence and judge whether or not the participation of the present appellants in the crime has been established beyond reasonable doubt.

( 4 ) THOUGH the police had started their enquiries without delay they for some considerable time had been unable to discover any trace o the culprits. Now, on 14-12-1950. the Sub-Divisional magistrate of Sambal was encamping in that town when the appellant Ganga Sahai, who was all by himself and who was a stra