J.P.Mitter, J. - (1.) This Rule is directed against an order of conviction under Section 394, Penal Code and a sentence of four years' rigorous imprisonment.
(2.) The petitioner and two others were tried upon a charge of robbery by an Assistant Sessions Judge of Midnapore sitting with a jury. The jury by a majority verdict of 3 to 2 found the petitioner guilty of the offence under Section 394, Penal Code. This verdict the learned Judge accepted,. Accordingly he convicted the petitioner and sentenced him as aforesaid.
(3.) The prosecution case against the petitioner and the co-accused was as follows :;