STATE Vs. DHANPAT CHAMARA

JUDGEMENT

(1.) These three appeals have been taken up together because they are concerned with the same incident. There are eleven respondents in Government Appeal No. 11. It arises out of Sessions Case No. 136 of 1957 in which they were all acquitted of charges under Section 399 of the Penal Code for having made preparations to commit a dacoity and under Section 402 for assembling for the purpose of committing a dacoity. Dhanpat Chamar, one of those respondents, is the only respondent in Government Appeal No. 9. This appeal is directed against Dhanpat's acquittal in Sessions Case No. 105 of 1957 in which he was charged for offences under Sections 19(f) and 20 of the Indian Arms Act for having been found to be in possession of one D.B.B.L. gun in working order and four live cartridges. Brahmadeo Mandal, the only respondent in Government Appeal No. 10, is also one of the respondents in Government Appeal No. 11. In Sessions Case No. 106 of 1957, he was charged under sections 19(f) and 20 of the Arms Act for possession of a country-made shot gun in working order and four live cartridges. Government Appeal No. 10 has been filed against his acquittal in that case.

(2.) (His Lordship after narrating the facts above summarised, proceeded).

(3.) The defence of a respondent Sibu Mandal or Sibu Gangota is that he was arrested at about 9,30 P. M. near the Clock Tower in Bhagalpur town. The defence of respondents Dhanpat, Wokil Singh, Ram Lakhan Tanti, Suraj Narain Tanti, Kishun Tanti, Chunchun Rabidas, Singheshwar Chamar and Chamru Pasi is that they were arrested at different places at different times varying from 5 to 7 P. M. Respondents Brahmadeo and Sukhdeo have not given the time of their arrest.