Gruer, J—This is a joint appeal by 14 parsons who have been convicted and sentenced to various terms of imprisonment from 5 years downwards under Section 401 of the Indian Penal Code. 21 persons were originally tried for being members of a criminal gang. Out of these, 16 were convicted by the trial Judge. Mr. Naidu, Magistrate with Section 30 powers Bhandara. One of the accused Ghushya Lodhi was discharged at an earlier stage in the trial, and one Dewaji, a confessing prisoner, who received three years rigorous imprisonment has not appealed; For purposes of reference I reproduce the numbers given to them as accused in the trial. The appellants are: (1) Amdu Miyan, accused No. 1, (2) Maroti, accused No. 2, (3) Hanya Mahar, accused No. 4 (4), Budhya Mahar, accused No. 6, (5) Mansia Mahar, accused No. 8 (6) Tulsiram Burad, accused No. 10, (7) Tulsiram Mahar, accused No. 11, (8) Gaotia Mahar, accused No. 14, (9) Dasra Lodhi, accused No. 17, (10) Raoji Dhimat, accused No. 18, (11) Jhibal, accused No. 19, (12) Dhondya Lodhi, accused No. 20, (13) Tulsiram Lodhi, accused No. 15, and (14) Dadunya Mahar, accused No. 7.

2. The main branches of the prosecution case are: firstly, evidenc