BASUDEO GIR Vs. STATE

JUDGEMENT

(1.) Appellant Basudeo Gir alias Basudeo Gossain has been convicted under Section 397, Indian Penal Code, by the learned Judicial Commissioner of Chotanagpur, Daltonganj, and sentenced to undergo rigorous imprisonment for seven years. He was tried along with one Arjun Kamar who has charged under Section 395, Indian Penal Code, but was acquitted. It was alleged on behalf of the prosecution that Ramkishun Ram (P.W. 1) of village Loharsi was changing his dhoti for lungi after his night meal in his house between 8-30 and 9 P. M., on the 5th of July, 1956, when he heard some sound outside. He turned back to see what it was when he was given two lathi blows on his head by someone. He took up a danta and moved forward to defend himself. Then he saw 5-6 men standing immediately out of the entrance door of his house. One of them was the appellant Basudeo Gossain who had a gun in his hand. The others had lathis and torches. He could recognise Basudeo Gossain in the light of the torch flashed by some of the dacoits, Basudeo Gossain immediately fired at him and he was hit in his right leg. He hurried into his house followed by 5 or 6 men who caught him. Two of them were recognised as the persons from whom he had purchased bullock at Sous Bazar. After giving further details with regard to the figure of the dacoits, he stated further that one of the dacoits demanded key from him and he said that it was with his wife. His wife was also given a danta blow and she threw away the key with which they entered into the kotha ghar of Ramkishun. One of them came out and asked Ramkishun where he had kept the other sums of money. He said that whatever he had was kept in the box in the kotha ghar. That man gave him 5-6 more lathi blows as a result of which he fainted and fell down.

(2.) Ramkishun had three brothers, Balo, Ranglal and Thakur Chand. Ramkishun carried on a wine-shop in the western side verandah of his house. His brother Balo had a wine-shop at Chandwa and his brother Thakur Chand is a Police Sub-Inspector. The residential house of Ramkishun (P. W. 1) has the main room known as kotha ghar surrounded by verandahs on all sides, known as dhabas. Ramkishun remained unconscious for 3-4 hours and when he regained bosh in the morning he saw his brother Balo by his side. He asked him how he was. He said that anyhow his life was saved. He asked him fur her if he recognised the dacoits. His answer was that he had recognised two or three of them; two of them well enough but one of them slightly. It appears that while he was still unconscious his wife sent some men of the village to Chandwa to call Balo from there, who reached there in the morning. Balo put him on a khatoli and took him to the police station at Chandwa where the party reached at 9 A.M. First information report was accordingly lodged there on his statement. He mentioned therein that a sum of Rs. 840/- in cash besides clothes, three saris, three dhotis, umbrellas, chadder etc., were stolen. He also mentioned therein the name of Basudeo Gossain, the appellant, as one of the culprits.

(3.) The officer-in-charge of the Chandwa police station after having recorded the first information report examined Ramkishun and the other persons from the village who had accompanied him. He left for the place of occurrence at 12 O'clock and arrived at the village at 3 P.M. on the same day. He inspected the house of Ramkishun and found things scattered here and there; papers were thrown about. But the investigating officer knew that the Inspector of Police had received some special training in the scientific detection of crimes, so that he did not touch nor did he allow anyone to touch anything in the room. Only he scraped some blood from near the entrance door and prepared a sketch map. He examined Ramkishun's wife. He then proceeded to the house of Basudeo Gir which he searched in his presence at 5-30 P.M. He recovered a pistol (exhibit XXX). He recovered two round lead balls (exhibits XXXI and XXXII) and some small lead balls, all kept to a packet, and a small packet of yelow Mansil Potash (exhibit XXXIV) and one three-celled tourch-light (exhibit XXXV). He seized them in presence of witnesses Sheonarain Seth, Abdul Rahman and Rameshwar Singh and prepared a seizure list. The Inspector of Police also came there and halted in the village for the night. At 7 A.M. the following morning, the investigating officer along with the Inspector went to the place of occurrence for examination of the articles. On a careful examination, the Inspector observed portion of a foot-print on a gramophone record which was seized (exhibit XXXVI). They took charge also of the boxes and other things. The investigating officer wrote to the Superintendent of Police, Daltonganj, requisitioning the services of the Range Photographer to take photograph of the foot-print on the gramophone record. Basudeo Gir was sent to the Latehar Jail. Jagdish Prasad, Photographer, came to the village on the 12th July and took photo of the record and also took the record. On 30-8-1956, D. N. Singh, who was officer-in-charge of Balumath Police Station, received requisition from his Inspector to take the foot-print of Basudeo Gir and others in Latehar Jail and with the permission of the Sub-divisional Officer he took the foot-print of Basudeo Gir and six others. He took the print of each accused in triplicates. All the 21 prints were sent to the Inspector to be forwarded to the Sub-Inspector, Chandwa. P. W. 7 was requested to take the prints as he had received training in the Advance Training School. The investigating Officer submitted charge-sheet against the appellant and Arjun Kumhar, who were committed to Sessions, duly after the preliminary enquiry by a Magistrate, and the learned Judicial Commissioner tried them with the result mentioned above.