[1] It appeared that the appellants along with four other persons, namely, Mathura Singh, Rup Narain Ram Pal alias Kallu and Ram Dularey, were charged under Section 395, I.P.C. for committing a dacoity at the house of one Ram Prasad on the night between the 15th and the 16th April, 1951 in Village Maryani, P.S. Bithore, district Kanpur. Two of them, namely Ram Autar and Ram Prasad, were also charged under Section 412, I.P.C. because some of the looted property was alleged to have been recovered from their possession.

The charge under Section 395, I.P.C. was tried with the aid of assessors the charge under Section 412, I.P.C. was tried with the aid of a jury, but the same persons who acted as assessors worked as jurors. The jury found Ram Autar & Ram Prasad guilty under Section 412, I.P.C. and the Sessions Judge accepted the verdict and convicted both of them under Section 412, I.P.C.

As regards the charge under Section 395, I.P.C. he was of the opinion that the offence of dacoity under Section 395, I.P.C. had not been proved against four of the accused persons, namely. Mathura Singh, Ram Pal alias Kallu, Ram Dularey and Rup Narain. He, therefore, acquitted them. He however,