TILAK SINGH Vs. THE STATE

JUDGEMENT

(1.) THESE are two criminal revising one filed by Tilak Singh alias Phasu and the other on behalf of Bhusan Chandra Chetia, Seranedlxin Lodua, and Protap Singh against the order of the Sessions Judge, U.A.D., dated 5.7.1851 in two analogous criminal appeals. All these four petitioners along with four others were trial in the Court of Session by the Assistant Sessions Judge U.A.D. and six of them including the present petitioners were found guilty under Section 395, Panel Code and were convicted by the Assistant sessions Judge agreeing with the unanimous underline of the jury and each of the accused was sentenced to three years' rigorous imprisonment. All the six convicted persons appealed to the Sessions Judge and their appeals were dismissed as surfed above and only four of them have moved this Court and rules were issued in each of the two revision cases (criminal Revision No. 98/99 by Tilak Singh and criminal Revision No. 107/11 by Bhusan Chandra Chetia and two others) and they are heard together.

(2.) THE learned Sessions Judge held that there were not sufficient misdirection 's in the charge to make it defective and the legal contentions which were raised were considered to be of little substance. I reproduce below the passage from the appellate judgment showing the attitude taken by the petitioners in the Court of the Sessions Judge:

(3.) MR . J.C. Medhi, appearing on behalf of the other three petitioners has raised two of the identical points in defence of his clients and they ware, (1) that the evidence of the witnesses not being properly recorded by the Police during the investigation, the Assistant Sessions Judge ought to have directed the jury that the testimony of those witnesses should have been treated as unreliable and (2) that the Assistant Sessions Judge failed to give proper direction as to the effect of the retracted confessions both against the maker as well as against the co -accused. He drew our attention to some other points in relation to each of the accused persons whom he represented and I shall deal with those objections while dealing with their respective cases.