( 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 tow