DAMBARUDHAR INJAL AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS matter comes before us in revision at the instance of the six petitioners who were convicted Under Section 395, Penal Code, by the Assistant Sessions Judge, L.A.D. at a trial held with the aid of a jury & sentenced to three years' rigorous imprisonment each. Their appeal to the Ses, J. L.A.D. was summarily dismissed.

(2.) THE case for the prosecution was that on 1 -1 -49, Padmadhar Bora a local lawyer with Anr. man by the name of Adit proceeded on two bicycles to a village named Birkuchi in Beltola Mauza not far off from Gauhati, with a view to take some paddy from one of the Padma Bora's tenants in the said village. No paddy, however, was obtained from the tenant & Padma Bora & Adit were returning home after having laden their pony carts which they took for the purpose of carrying paddy, with hay & fuel obtained from the locality. They themselves were following the cart on their respective bicycles. Before they proceeded far from the village of Birkuchi, Padma's cart was surrounded by some ten or twelve persons who held up the cart to see if any paddy was being carried in it, as at the material time there was a local agrarian agitation against payment of rent to the landlords. Padma Bora resented this interference & had an altercation with the persons who surrounded the rule some of these persons got infuriated & began to assault Padma Bora, his companion Adit & the cartman. The crowd eventually dispersed after taking away Adit & Padma Bora's bicycles. Padma Bora proceeded to the town, lodged F.I.R. at the Gauhati P.S. & the police in the course of the investigation recovered only one of the stolen bicycles - -the one removed from the possession of Padma Bora. The other bicycle remained untraced. The injuries on the persons of Padma Bora & Adit were examined by the Doctor & they were medically treated. After completing the investigation, the police submitted a chargesheet & sent up thirteen persons including the petitioners on a charge of dacoity. The Committing Court discharged seven of these persona & sent up the six petitioners for trial in the Court of Session & the learned Assistant Ses, J., L.A.D. agreeing with the unanimous verdict of the jury found the six persons guilty Under Section 395, I.P.C. & sentenced them as stated before. An appeal was preferred to the Court of the Ses, J., L.A.D. & the learned Ses, J. dismissed the appeal summarily by his order dated 5 -1 -51.

(3.) THE summing up was also defective as regards the requirements of the offence of dacoity. Section 391, I.P.C. clearly provides that