(1.) THIS is an appeal by one Kanai Lal Dwary who was tried by a learned Assistant Sessions Judge and jury upon a charge of dacoity. The jury unanimously found the appellant guilty Under Section 395, Penal Code, and the learned Judge agreeing with the verdict convicted the appellant under that section and sentenced him to five years' rigorous imprisonment. It is from that conviction and sentence that the present appeal has been preferred.
(2.) THE charge against Kanai was that he and others on 17th March 1949, committed dacoity in the house of one Durgadas Nandi at Kanchannagar. A number of dacoits are said to have broken into the house and looted cash and property to the value of Rs. 1300/ -.
(3.) MR . Sudhansu Mukherji who has appeared on behalf of the appellant has confined his argument to the summing up of the learned Judge with regard to the evidence against his client.