RAM SAMUJ Vs. REX

JUDGEMENT

(1.) This is an appeal by Ram Samuj against his conviction under 8. 412, Penal Code. Izhar and Basil have appealed from jail against their conviction under Section 895, Penal Code.

(2.) The case relates to a dacoity at the house or shop of Mata Badal of village Gorari Khalil in the district of Jaunpur. The dacoity took place on the evening of 26th October 1943, at about a or 8.30 p. m. The report was made in the Thana at 2 a. in. the same night, and the number of dacoits was mentioned at about twelve or thirteen, The story for the prosecution was that while Mata Badal and other members of his family were still awake, five or sis men suddenly cams into the house and caught hold of Mata Badal. They were armed with various weapons and caused injuries to Mat Badal and forced him to disclose where he kept valuable property. Four or five other dacoits also entered the house after the first five or six and broke the boxes and took away ornaments, clothes and other property belonging to Mata Badal. Among the dacoits a number were recognised, namely, Nihore, Ghhatanki, Sheodihal and Manorath Ahir, and their names were mentioned in the first report. A rather incomplete list of the property that was stolen was also given in the first report.

(3.) The Sub-Inspector in charge of Thana Shabganj took up the investigation immediately. It is said that on his arrival at the village, two lists of further property which was said to have been stolen were handed over to him on 27th October. The Sub-Inspector first arrested Manorath Ahir who had been mentioned in the first report. Next day, that is on the 28th, on further information received, he arrested Balai and Bipat. He also arranged for the arrest of Rajdeo through the Second Officer. this arrest took place on the morning of 29th October in village Aran. On the same day, Sub-Inspector Ghulam Ahmad Khan went to village Aran at about 8-80 a. m. He inquired from Rajdeo and came to know that some looted property of this dacoity was with Ram Samuj appellant. He therefore arrested Bam Samuj who also is a resident of village Aran. Thereafter Earn Samuj took the Sub-Inspector to his field of dhan and from a part of the field brought out four bundles containing silver ornaments which were kept hidden in the mud. These ornaments were taken in possession by the police and sealed then and there. Thereafter, Earn Samuj told the police that he had melted certain ornaments and had a bar of mixed gold and silver in the iron safe in his house. He was taken to his house and brought out the bar of silver from his safe and handed it over to the police. This was also taken in possession. Thereafter Rajdeo as well as Bam Samuj were sent to-the Thana. The investigation continued and after various other persons had been arrested, there was an identification proceeding, in which a number of persons were identified. Consequently thirteen persons in all including the three appellants before us were put up for trial. Earn Samuj, however, was only charged under s, 412, Penal Code. The learned Judge has convicted eight out of the thirteen and has acquitted five. We have before us the appeal of two, namely Dasu and Izhar who were convicted under Section 895, and of Bam Samuj who was convicted under Section 412, Penal Code.