Staples, A J C—This appeal and Criminal Appeals Nos. 263 (Sheikh Karim v. Emperor), 264 (Muhim Khan v. Emperor), 267 (Papa Miya v. Emperor), 305 (Ambadas Govind Kesale v. Emperor), and 306 (Kesheo Sitaram Joshi v. Emperor) of 1931 are from the convictions and sentences passed by Mr. Rodrick, Magistrate, First Class, Balaghat, exercising powers under Section 30, Criminal P. C., in Criminal Case No. 13 of 1931. The appeals were heard together, and this judgment will govern all. The eight appellants were prosecuted under Sections 395, 397, 120-B and 109, I. P. C. They have all been found guilty under Section 120-B (1), I. P. C., whilst Ambadas Govind Kesale, Kesheo Sitaram Joshi, Bal Mukund Huddar, Haribhau Laxman Sadhoo and Papa Miya have been found guilty under Sections 395 and 397 and no decision was given as regards the charge under Sections 395 and 397, read with Section 109, I. P. C., as regards Mt. Mantora.

2. The facts of the case have been stated in the Magistrate's judgment and may be briefly recapitulated. On the night of 25th December 1930 about 8 p. m. a dacoity was committed at the house of Sarwanlal malguzar of mouza Yerwaghat in the Balaghat District. A motor-ca