DEBABRATA MOOKERJEE, D.N.Das Gupta, JJ. - (1.)ON the jury's unanimous verdict Sarju alias Jagneswar Kumar, Sadhu alias Deodhari Goala, Tilakdhari Dosad alias Pasman alias Palwan. and Yasin Khan have been convicted of dacoity under Section 395 of the Indian Penal Code. By reason of a previous conviction Tilakdhari has been sentenced to seven years' rigorous imprisonment and the rest to five years' rigorous imprisonment each. Of these four convicted men Sarju and Sadhu have been represent ed by counsel; Tilokdhari has preferred an appeal from jail; Yasin Khan has submitted to the sentence.
(2.)THE case for the prosecution is that on the 9th of January, 1959, at about 7 p.m. these appellants with several others raided the house of one Shewnath Pandey within police station, Asansol. As soon as the miscreants appeared Shewnath's servant Ram Janam Cope P. W. 5 gave an alarm; Shewnath himself bolted the front door leading to the house and went up with his servant on the roof of a ground -floor room, but Shewnath's wife and son stayed on in the ground -floor. The door was broken open and the miscreants armed with spears and lathis entered the courtyard. Crackers were thrown towards the roof. An iron safe was broken open in one of the rooms; trunks and suit cases containing clothes, ornaments and cash to the tune of about Rs. 2500/ - were removed. Shewnath and Ram flanam recognised the appellants and their co -accused when they were in the courtyard in the light of a burning hurricane lantern which was tied to a post.
After a short while the miscreants left and neighbours appeared on the scene.

(3.)MEANWHILE an information had been given to the police by one Birendra Nath Bhaduri who sent a telephonic message on hearing the explosion of crackers coming from the direction of Shewnath's house. The police arrived and took a detailed statement from Shewnath.