GUNADHAR DAS Vs. STATE

JUDGEMENT

(1.) This is an appeal by eleven persons who were convicted of dacoity and each sentenced to five years' rigorous imprisonment. They were tried along with twelve others by a learned Assistant Sessions Judge sitting with a jury. The jury had found the twelve persons not guilty, and they were acquitted but the jury unanimously found the eleven appellants guilty and they were dealt with accordingly.

(2.) The case for the prosecution was that these twenty-three persons together with others committed a dacoity in the house of one Janakram Shaw, P. W. 2, on the evening of 10-9-1949. On that evening between 7 and 8 p. m. some 50 or 60 persons, it is said, were seen coming along the road towards this house armed with lathis, spears, swords and other weapons. They were shouting slogans such as 'Lal Jhanta Ki Jay", "Mahajan Dhangsa Hauk" and were obviously making for the house of Janakram Shaw. Apprehending that his house might be the subject of attack, Janakram it is said bolted the main door from inside and he together with his womenfolk and children escaped through another door and took shelter in the house of one Chandrika Shaw which was a little way away. The dacoits, it is said, came to the house, assaulted some of the inmates and tied two of them to posts in an outhouse. The main door was broken open and the dacoits entered the house. They set fire to a tiled roof shed and also to a thatched hut and then began looting paddy and rice from the granary. Further, it is said, they entered the dwelling house of Janakram and took away a large amount in cash and ornaments. It is said that the dacoits were observed by a number of people and a certain number were recognised.

(3.) After the dacoits had left villagers collected and there was a discussion as to who had been recognised. On the following morning at about 6 A. M. Janakram went to the house of the President of the Union Board, Hossain Ali Molla, P. W. 8, and there reported the incident. From there, it is said, he left for Canning Police Station which is at a distance of 14 miles, walking on foot. He arrived at the than at 4-30 P. M. and there made a first information report. The police investigated and in due course these 23 persons were arrested* and committed to stand their trial in the court of Sessions.