JUDGMENT :- This is an appeal by two persons, Poshaki who has been convicted under S.395, IPC and sentenced to six years R.I. and Azimullah who has been convicted under S.412, IPC and sentenced to three years R.I.

2. The facts which give rise to this appeal, briefly stated, are as follows: On the night between 8th and 9th August 1949 near about midnight a dacoity was committed in the house of one Rewaram by 14 or 15 persons. Rewarams house is situate in village Gahlol within the police station, Sahaswan in the district of Budaun. A first information report was made on the morning of the 9th at 11-30 by Rewaram himself. The police station where the report was made was four miles from village Gahlol. In this first information report Rewaram gave no names because he was unable to identify anyone, taking part in this dacoity, as having been known to him from before. Rewaram also gave the details of the property which had been taken away from his house. From the list it appears that the bulk of the looted property consisted of clothes and some ornaments. A sum of Rs.600/-, in ten and five rupee notes, was also alleged to have been looted.

3. As a consequence of the information received by

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