1. This appeal is by five accused, and this judgment will also dispose of Criminal Appeals Nos. 292, 293 and 294 of 1941 by three others, who are all represented by the same counsel and whose cases have been argued together. The appellants are accused Narhar (No. 1), Motiram (No. 2), Somnath (No. 7), Deoman (No. 8), Narayan (No. 21), Babarao (No. 27), Rangnath (No. 28) and Dattatraya (No. 29). One more accused Mahadeo was convicted, but he has not appealed. The convictions are in respect of conspiracy to commit dacoities, the committing of certain specified dacoities and for breaches of the Explosive Substances Act and Arms Act. Except for the last the trial was held with the aid of a jury whose verdict against these appellants was unanimous. It is recognized by learned Counsel that he can only succeed on the ground of misdirection, which further must be proved to have operated to the prejudice of the accused. In his argument he has pressed 6nly what he considers two substantial misdirections, and he has also raised a further point that the charge should have been delivered extemporaneously.

2. In this case 29 accused in all were involved, In para. 46 of the charge the Judge