HAZARA SINGH Vs. STATE

JUDGEMENT

(1.) These three applts. were tried along with certain other persons by the Assistant Ses. J. of Asansol with the aid of a Jury Madha Singh & Hazara Singh were tried on charges Under Sections. 395 & 397, I. P. C. The Jury returned a unanimous verdict of guilty against Hazara Singh Under Section 395, I. P. C.r but not guilty against the charge Under Section 397, I. P. C. They returned a unanimous verdict of guilty against Madha Singh under both the charges Under Sections 395 & 397, I. P. C. They returned a unanimous verdict of guilty against Harnam Singh Under Section 412, I. P. C. The learned Judge accepted the verdict and acquitted Hazara Singh of the charge Under Section 397, I. P. C., but convicted him Under Section 395, I. P. C., and sentenced him to R. I. for five years. He convicted Madha Singh Under Sections 395 & 397, I. P. C., & sentenced him to R. I. for seven years Under Section 397 but passed no separate sentence Under Section 395, I. P. C. He convicted Harnam Singh Under Section 412, I. P. C., & sentenced him to R. I. for four years.

(2.) The prosecution case was that on 27-2-1949, there was a dacoity at the bungalow of Srigopal Goenka in course of which ornaments, jewellery including a watch, & cash were stolen, & that Hazara Singh & Madha Singh along with others took part in the dacoity. It is further alleged that accused Madha Singh was armed with a gun. It is alleged that one Mavado wrist watch which belonged to Srigopal was taken away by the dacoits & was found in the possession of accused Harnam Singh. It is said that he retained this in his possession with the knowledge that it was stolen property & that its possession had been transferred by a dacoity.

(3.) Mr. Mukherjee appearing for the applts. had made several criticisms as regards the Judge's charge to the Jury & it is necessary to consider these criticisms as they affect the three applts. separately.