JUDGMENT

Bennet, J. - This is is appeal by Government against the acquittal of three Doms, Faujdar, Sita and Balli,. of the offence of dacoity, and also-the appeal of four persons who have been convicted of the offence of dacoity Ishri Kurmi, Shiva Gobind Ahir, Damri Gond and Dudnath Dusadh. These four persons have been sentenced to six: years' rigorous imprisonment by the Sessions Judge of Ghazipur. A first report was made at 5 a. m. on 15th June 1931, at the police station, Ubhaon, in Ballia district, which stated that a road dacoity had taken place three miles away at 11 p. m. on the night of 14th or 15th June 1931. The report was made by Ramkishore Lal, the complainant, and he stated that he was going in a bullock cart along with women folk and his wife's brother Adya Prasad and three coolies from his house towards Azamgarh, and as he was passing along he met four men on the road with lathis and he spoke to then about a fire and they went on; but shortly afterwards when the cart was four furlongs from Bethara Road railway station some 9 or 10 persons attacked1 the cart with lathis and beat the-coolies, who ran away, and beat the women folk and took away three trunks, and some bu