The main legal point established in the judgment is the interpretation of Section 27, Evidence Act, regarding the admissibility of statements made by the accused and the discovery of stolen property.

Grille, J C—This appeal and the connected appeals are by 10 persons who have been convicted under Section 120B, I.P.C., read with Sections 302, 379, 392 and 395, I.P.C., and Section 19(f), Arms Act. Some have also been convicted of offences under Sections 380 and 411, I.P.C. The actual appeals are six in number, Maganlal, Maroti, Ramchandra, Sher Mohammad and Mahadeo being represented by Mr. Kedar, Sheonandan and Shyamnarayan by Mr. Brahmarakshas, Mukerji by Mr. Barlingay, and Chatterjee by Rai Bahadur Chaudhary. The 10th accused was unrepresented, he ex. pressed a wish to argue his own appeal and in pursuance of this request was given permission to inspect the records of the case. He took objection to certain conditions which were imposed on him as a person in custody and not on bail, in connexion with the inspection of the records, and declined in consequence to appear before the Court at all. This judgment will cover all the appeals.

2. All the accused have been convicted under Section 120B I.P.C., and for this offence Mukerji, who has been considered the ring-leader, has been sentenced to five years' rigorous imprisonments Sheonandan, Maganlal and Shyamnarayan have been sentenced to four years' rigorous imprisonment each; Chatterjee, Maroti, Memne, Ramchandra and Mahadeo to three years' rigorous imprisonment each; and Sher Mohammad to three years' rigorous imprisonment. In addition Sheonandan has been sentenced to three years' rigorous imprisonment in respect of each of two offences under Section 380, I.P.C., for the theft of revolvers at Betul and Nagpur, and Mukerji and Sher Mohammad to three years' and one year's rigorous imprisonment respectively under the same section in connexion with the theft of money from the safe at Hinganghat Railway Station. Further Mukejri, Chatterjee, Maganlal, Maroti, Memne, Ramchandra and Mahadeo have all beep sentenced under Section 411, I.P.C., in respect of the receipt of stolen property; Mukerji to three years' rigorous imprisonment for this offence; the remainder excepting Mahadeo who has been awarded one year's rigorous imprisonment, to two years' rigorous imprisonment. All the sentences have been directed to run concurrently. Three other accused in the case, Satyanarayan, Laxminarayan and Nerbuda prasad have been acquitted. One Mathuraprasad who was also implicated in the conspiracy has been made an approver.

3. A brief outline of the prosecution case is as follows: In April 1932 a revolver was stolen from the house of a retired Sub-Inspector of Police, Narbudaprasad Tiwari, in Betul: he is the father of Sheonandan accused. In June there was a theft of some Rs. 1440 from the safe of the Hinganghat Railway Station. No clue was obtained of the perpetrators of either of these offences. On 2nd July 1932 a theft of a revolver occurred in the house of Rai Saheb Parmeshwar Dayal, City Superintendent of Police, Nagpur, and in this case suspicion was strongly directed against his nephew Sheonandan. Sheonandan was arrested and shortly afterwards Mukerji. As a result of information obtained from Mukerji the revolvers which had been stolen at Betul and Nagpur were traced through Chatterjee and Maganial to Memne and Maroti respectively, from whom they were recoverd. Further information obtained from Mukerji led to the tracing of the theft at Hinganghat, and Mathuraprasad and Sher Mohammad were arrested in this connection. Sher Mohammad Mathuraprasad, Mahadeo and Mukerji were found to have been conspirators in connection with an agreement to collect money and arms by means which included robbery and dacoity and further information resulted in the discovery of a revolver which had been handled by Mahadeo and Mukerji in Wardha as far back as 1930 in a field near the Kamptee Road, which was pointed out by Ramchandra who, according to the police, had received this and two holsters and some cartridges which were recovered along with the revolver. Information was also received that Shyamnarayan wa