Mushtaq Ahmad, J.

[1] Satya Narain, Shakur, Shyam Behari, Earn Abhilakh Sami Ullah, Earn Behari, Mohammad Eaza, Sant Ram, and Mt. Naozadi (on bail) appeal against their conviction and sentences passed by the learned Sessions Judge of Jaunpur. The first eight of the appellants were convicted under s, 396 and sentenced each to transportation for life, Earn Abhilakh, appellant 4, being also convicted under Section 19 (f), Arms Act, and sentenced to one year's rigorous imprisonment, and the last appellant, who is the mother of Ram Abhilakh, appellant 4, was con. victed under 9. 412, I. P. C., and sentenced to four years' rigorous imprisonment. There were ten other persons also charged under either on both of these sections, but they were all acquitted.

[2] The occurrence which became the subject of the charge had taken place on the night between 1st and 2nd of March 1949, at village Bhilampur, seven miles from the police station Sujanganj, district Jaunpur. As a result of what happened one Jageshar Pasi died, having received as many as ten injuries according to the post mortem report.

[3] A report of the incident was lodged by Dwarka Frasad, in whose house the alleged dacoity had