ZETA NARSINGH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) The accused Zeta S/o Narsingh and Rama S/o Bhalia were committed to the Court of the Sessions Judge Dhar on a charge under Section 396, I.P.C. The Sessions Judge found both the accused guilty under Sec. 394 and sentenced each of them to six years rigorous imprisonment.

(2.) The short facts are that on the night intervening 11th and 12th March 1948, it is alleged that the accused Zeta, Rama and five or six other persons committed dacoity at the house of one Bholu son of Onkar at Chitkhalda, Pargana Nisarpur. One of the dacoits caused severe injury to Chhotu who was sleeping inside the house of Bholu as result of which Chhotu died in Nisarpur Hospital. Rama was arrested on 10-5-48 and Zeta was arrested on 7-5-1948.

(3.) It may be mentioned that on previous night viz., 10-3-48 Bholu was sleeping alone in the front portion of his house. His son and daughter-in-law had gone out of the village to Balkeshwar. On the night of the 10th March, 48, the thieves broke into the back portion of the house and stole away some property. Bholu gave a report about this to the Police Head Constable Nisarpur at Chitkhalda. In the afternoon of 11th March some Bhils were suspected by Police at Chitkhalda. They were called by the Head Constable Raghunath Prasad. They were questioned and were allowed to go in the evening of the 11th March. When the dacoity took place between the night of 11th and 12th March 48, Bholu being nervous called Chotu to sleep at his house. They changed sleeping places. Bholu slept in the back portion of the house and Chotu slept in the front portion of the house. In the night of the 11th March the thieves came from the front portion of the house where Chotu was sleeping. Chotu was assaulted and he raised hue and cry. Bholu was aroused from sleep and Raghunath Prasad and some Police constables who heard the alarm, came at the spot. They chased the dacoits in different batches but did not succeed and came back. Then report Ext P/1 was made. It is dated 12-3-48. The report was dictated by Bholu and it was taken down by Raghunath Prasad. In the report it is mentioned that the thieves took away his battery worth Rs. 8/- of two cells and one white chadar, a Bandi and several other articles including one sword without scabbard, Magan and Phunda came to know at Balkeshwar that their father was assaulted and they went to Nisarpur Dispensary on the 12th night. Chhotu succumbed to his injuries on the 12th March at the Nisarpur hospital. Chhotu's body was burried and when Chaturvedi, Police Inspector, reached Police Station on the evening of the 12th March, he got the burned body disintered on the 13th March, 1948, and the post mortem was held. On the 14th March, 1948, the District Inspector of Police came to Nisarpur and he took charge of the investigation.