JUDGMENT

D.N. Roy, J. - This is an appeal by Budul and Pancham who in a jury trial have been convicted u/s 392, IPC and sentenced to five year's rigorous imprisonment each. The charge against them was that on 23-3-1952, at about 9 p.m. they committed robbery from railway gomti No. 5 in village Husainpur, which was occupied by one Ramphal a cabin man. The gomti in question was situate near railway station Manauri.

2. In appeal it has been contended that the verdict of the jury was vitiated by misdirection and nondirection and it has therefore ended in miscarriage of justice.

3. A report in writing was submitted by Ramphal to the Station Officer of police station Puramufti in which he alleged that four persons forcibly entered into his cabin at about 9 o'clock in the night and by putting him to fear they took away from him a kurta and Rs. 6/8/ - in cash. No names were specified in that report. The report was the report of cognizable offence under the provisions of Section 154 of the Code of Criminal Procedure. The substance of the information should have been entered in the book of reports maintained at the Thana or in the general diary, but such a procedure had not been adopted in the