(1.) In this case the appellant before us has been convicted of dacoity and sentenced under Section 395, Indian Penal Code, to rigorous imprisonment for five years.
(2.) The trial was by Jury in the Court of the 2nd Additional Sessions Judge of Mymensing and what has been urged before us is that the trial has been vitiated by the erroneous admission of evidence and by serious misdirections in the learned Judge s charge.
(3.) It appears that on the night of the 24th of November 1916, at a village called Rajoi, a serious dacoity took place in the houses of two cousins Rajendra and Debendra Bhoumik. Prom the house of Debendra. cash, currency notes, ornaments and other articles to an aggregate value of over Rs. 9,000 and from Rajendra s house cash and other property to the value of some Rs. 800 are said to have been removed.