MADHO Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Madho and twelve others against the judgment of the Additional Sessions Judge, Dholpur, dated the 10th March 1952, convicting all the accused under sec. 366 read with sec. 149 I. P. C. and sentencing them to five years' rigorous imprisonment and a fine of Rs. 200/-, in default six months' further rigorous imprisonment each.

(2.) SHANKERSINGH is absconding. His house was searched by the police at the instance of Chhidda and hence he was on a look-out to take revenge against Chhidda. With this intent, it is said, that SHANKERSINGH along with about 21 persons came to Nagla Umar Khan during the night between the 16th and 17th October 1949 and at first went to the house of Chhidda and when he was told that Chhidda was not within the house SHANKERSINGH and his party came to the house of Lakhua and Dhanpal who are near relatives of Chhidda. ' Some members of the party entered the house and took hold of Mst. Patola, sister of Lakhua, and dragged her out. They also caught Lakhua and tried to carry him away. Dhanpal having heard the cries of Patola and Lakhua also woke up and he attacked the party of SHANKERSINGH with a sword, but he was beaten by two members of that party. Other villagers also came out of their house and tried to pursue the party of SHANKERSINGH, which was carrying away both Patola and Lakhua, but guns were fired and the villagers could not succeed in their attempt. The party of SHANKERSINGH, it is said, released Lakhua after he had been taken to some distance but they carried away Patola and have kept her in confinement so that she has not been able to return uptil now. The police could not find Patola. On the 17th October 1949 the first information report was lodged by Dhanpal who was accompanied by Megha at the police station of Bari. Nagla Umar Khan is at a distance of 8 to 10 miles from the police station Bari. In that report seven persons were named and it was also stated that Lakhua knew the names of the other persons. The police could not arrest Bidha, SHANKERSINGH and Pothi, who were named in the first information report, but Devi, Pitam, Gorey, & Birbar who were named in the first information report were arrested and were challaned with 11 other persons who were subsequently named by Lakhua.

(3.) THE number of the party of the dacoits was more than five and sec. 149 I. P. C. has been applied against them. All the four accused can therefore be convicted of an offence under sec. 365 read with sec. 149 I. P. C.