LALCHAND KHATRI Vs. STATE

JUDGEMENT

(1.) These three appeals arise out of the convictions of the appellants by the learned Additional Sessions Judge of Dhanbad-Singhbhum under Section 400 of the Indian Penal Code, which relates to the offence of dacoity committed by a gang of persons associated for the purpose of habitually committing dacoities and have been sentenced to various terms of imprisonment. Criminal Appeal No. 501 of 1957 has been filed on behalf of Lal-chand Khatri, Ramkhelawan Goala, Mahan Singh and Puran Singh, who have been sentenced to rigorous imprisonment for ten years. They are represented in this Court by Mr. S. N. Sahay. Criminal Appeal No. 503 of 1957 is on behalf of Safait Mian, who has been sentenced to imprisonment for life. He is represented fas tin's Court by Mr. Akbar Imam. Criminal Appeal No. 520 of 1957 is a jail appeal preferred by eight persons, namely, Nivnai Rai, Singhara Singh, Gam-bhir Pasi alias Gambhir Goala alias Mahipat Bhor, Jadua Mandal, Bijli Singh, Dasu Dusadh, Ram Chandar Singh alias Polo and Bilcarama Gossam. They were tried along with thirteen other persons, Dalip Singh, Fonza Isai, Fouza Singh, Gola, Rasool, Pan Singh alias Pahan Singh, Mahabir alias Marwari Mandal, Ujagir Christian., Gaya Bowri, Panchu Mistri, Thakuri Mandal, Baidyanalh Singh, Jagiru Punjabi and Narain Dusadh, who were, however, acquitted. They were charged with being members of a gang of dacoits associated for the purpose of habitually committing dacoities and as such they committed a large number of dacoities between June 1950 and October 1953 at different places within the States of Bihar and West Bengal They were alleged in the first information report to have their usual headquarters at Siripur and Pariharpur, P. S. Jamuaria, district Burdwan and sub-stations at Mathani near Asansol, Lachipur and Giridih and various other places in the district of Dhanbad from where they operated, although the learned Additional Sessions Judge in framing the charge stated that they were members of a gang associated for the purpose of habitually committing dacoities. It was alleged that the gang consisted of about 100 persons and they were charged with the commission of 33 dacoities of which the police were able to get evidence.

(2.) The police of Bihar and West Bengal were considerably exercised over the out-break of an epidemic of dacoities in the districts of Santhal Par-ganas, Hazaribagh and Manbhum in Bihar, and Asansol Sub-division of the district of Burdwan in West Bengal, during the period in question. They were, however, unable to find any clue of the offenders. On the night of the 13th/14th October, 1953, however, a dacoity took place in the house of Bandhu Ram (P. W. 141) at Chapuadih within police station Bangabad in the district of Hazaribagh. The villagers there kept a vigil on account of the fear of dacoits and Bandhu Ram, accordingly, had gone in the company of constables and chowki-dars to patrol the village. He came back to his house at aboul 12 in the night. He was sitting on a Khatia. Some time after his return, he heard knocking at his Darwaza and he suspected the presence of dacoits. The door was forced open and Bandhu Ram was caught hold of by four or five dacoits who started beating him. The dacoits removed the ornaments from the person of his wife, Chhatri Kumari (P. W. 140). The commotion produced by the presence of the dacoits roused a number of villagers who gave chase to the dacoits who started running away after they had ransacked the house. One of the fleeing parly tumbled into a ditch. Iswar Ram (P.W. 170) flashed his torch in the ditch and saw that the fallen dacoit was trying to get up and ran away. Iswar Ram, however, boldly jumped into the ditch and gave the dacoit two blows with his sword. Other villagers also arrived there and started assaulting the dacoit. He was apprehended and he gave out his name as Khairuddin alias Khairu who was granted pardon by the State and gave evidence as an approver, being P.W. 1. It may be stated that it was the arrest of Khairuddin and his subsequent desire to confess which supplied the material clue to the police in tracing out the members of the gang as also to gather details of the large number of dacoi-ties for which the gang was responsible.

(3.) Khairuddin was brought from Hazaribagh to Dhanbad jail on the 19th January, 1954, and on the 2nd of February, 1954, he sent a petition to the Sub-divisional Officer, Dhanbad, saying that he desired to make a confession and he was accordingly, produced before Sri Gouri Shankar Panda, Deputy Magistrate (P. W. 166). The learned Magistrate gave the necessary warning and also gave him time to reflect. He started recording the confession of Khairuddin on the 3rd of February, 1954. which finished on the 11th of February, 1954. In that he stated that the gang was working under the leadership of Safait. P. W. 2 Nazir Singh, the other approver, was arrested on the 1st of March, 1954, at Dhanbad when he had gone to the jail in order to meet Khairuddin, one of the under-trial prisoners connected with the present case. He also expressed a desire to make a confession and was produced before the same Magistrate (P.W, 166) on the 15th March, 1954. He was also given the necessary warning and time to reflect. His confession was recorded between the 16th and 19th of March, 1954. Collecting details from the two confessions the police were able to have full information about the existence of the gang, its modus operandi and the different dacoities committed by the members of that gang, Since the dacoities were committed in West Bengal and Bihar, the C. I. D, officers of both the States were working in collaboration. They began to collect materials on the basis of the confessional statements as to how far they could be accepted as correct and Sri H. K. Varma, (P.W, 244) of the Bihar C. I. D. lodged first information report (exhibit 17/15) at Chirkunda police station under Section 400 of the Indian Penal Code, on the 28th of May, 1955. He took up investigation of the case and submitted charge sheet against all the 29 persons including the two approvers on the 30th July, 1955. In course of the commitment enquiry held by Sri N K. Chakravarty, Magistrate 1st class, Dhanbad, pardon was granted to the two approvers, Khairuddin and Nazir Singh and the enquiry was taken against the remaining 27 accused men. Prosecution examined 244 witnesses. The learned Magistrate committed 26 out of the 27 accused to Session by his order dated the 16th of July, 1956. In the Court of the learned Additional Sessions Judge, who held the trial, prosecution examined 245 witnesses and four were examined as Court witnesses. Out of the number. 50 were police officers, 8 Magistrates and Sub-Registrars who held test identification parades, 8 doctors, 9 jailors and warders and the remaining witnesses were those who came to prove the individual dacoities or witnesses who came to prove the association of the accused persons with one another.