( 1 ) THE appellants have been convicted under Section 396, Penal Code, and while the appellants 1 and 2 have been sentenced to death the other appellants have been sentenced to transportation for life.

( 2 ) ON the night between 28 and 29-12-1949, a number of dacoits visited village Kadhla and went into the house of one Piru Teli. The villagers, however, on hearing the alarm that dacoits had come to the house of Piru Teli, surrounded the house and there was a free fight between the dacoits and the villagers. As a result one villager Azimullah died and four of the villagers basanta, Mahfuz Khan, Ibrahim and Manohra received injuries. Two of the dacoits Sirajuddin and Abbu were caught on the spot.

( 3 ) THE first information report was lodged at the thana, which is at a distance of seven miles from the village, by the village chaukidar at about 12-15 A. M. In it, however, it is not mentioned that any of the dacoits were known to the village people from before nor are the names of witnesses given. All that is said is that the village people had collected and offered resistance and had caught two of the dacoits. The police started investigation. Sirajuddin on 1-1-1950, made