JUDGMENT

Sulaiman, C.J. - This is an appeal by eight accused persons from an order convicting them u/s 395, Penal Code, and sentencing them to transportion for life.

2. So far as the facts relating to the commission of the dacoity itself are concerned, there cannot be much doubt. On the night between 24th and 25th May 1933, a gang of about 15 dacoits raided the house of one Brij Lal at about 1 a.m. His servant Sita Ram was sleeping immediately outside the door, while another servant Sher Ali was sleeping in his cart a few paces away. Another villager He sho was passing that way about that time. The dacoits seized both Sita Ram and Kesho and tied them both by their feet to Sita Ram's charpoy and threatened to kill them if they made any outcry. Sher Ali, who' was sleeping in the cart on the other side of the road and was not noticed by the dacoits escaped to the village and raised the alarm. The dacoits in the meanwhile got into the house and seized the inmates and obtained the keys of the boxes from them, opened the door and removed some properties. All the three inmates were maltreated badly and were tortured in order to disclose where valuables were kept. In particular Brij Lal, the