JUDGMENT

Kendall, J. - The three appellants, Bhagwat, Ram Lal and Chhangur, have been convicted by the learned Sessions Judge of Gorakhpur of an offence u/s 395 Penal Code and sentenced to five years' rigorous imprisonment each. The story for the prosecution is that on the night between 13th and 14th April 1934, some 15 or 16 dacoits armed with lathis broke into the house of Sarju and his brother Mahant, and plundered the house and beat the occupants as well as some of the neighbours. Kumar Sukhai and Sundar, who came to their help. Subsequently the dacoits made their escape, and a report was made at the t.hana 14 miles away by Mahant on the following day at 4 p.m. This report does not mention the names of any decoits who had been recognised, though Mahant stated that he could identify them if he were to see them. He added a list of property stolen, which is very insignificant, and when the investigating officer went to the village the same evening a list giving details of some more property was handed to him. An investigation followed, but none of the property said to have been stolen was recovered. The police however found out that Sarju had been threatened by Bhagwat with whom he