STATE Vs. WAHID BUX

JUDGEMENT

(1.) This is a Government appeal against the acquittal of respondents Wahid Bux, Dori, Chandu, Badam, Devi and Buddha.

(2.) The respondents along with, several others were prosecuted for having committed dacoity armed with guns at the house of one Thakur Prasad in the night between 4th and 5th March 1918 in village Lahdaura, district Budaun. Fifteen persons wore prosecuted by the police. One of them was discharged by the Committing Magistrate. Out of fourteen who were committed to the Court of Session, only two, namely Mian Jan and Parshadi, who were caught on the spot, were convicted. The rest were acquitted. Out of the twelve acquitted persons, the Government has filed an appeal against the six respondents only.

(3.) That there was a dacoity at the house of Thakur Prasad in the night in question is not disputed. In this dacoity 20 or 25 dacoits took part. Some of them were armed with guns, some with spears and others with lathis. Property worth about Rs. 30,000 was looted. The villagers came up on the scone and gave a light. In the light some of the villagers and some of the dacoits were injured. Two of the dacoits, Mian Jan and Parshadi, were caught by the villagers and handed over to the police. A pistol and cartridges were recovered from Mian Jan.