DWARIKA LOHAR Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Dwarika Lohar, has boon convicted by Mr. Syed Ozair, Deputy Magistrate, under Section 395, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for six years. The other two appellants have been convicted under Section 412, Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for five years each.

(2.) The dacoity, in which Dwarika Lohar is said to have been concerned, took place on 8 January 1940, in the house of one Bhushan Chandra Khan, a shopkeeper of Bamu, a village in Manbhum. Between 1 A.M. and 2 A.M. his shop, in which apparently he also resides, was attacked by some twenty or thirty men, variously armed. Bhushan Chandra Khan and his wife, and young children retreated to the upper storey. Two of the dacoits pursued them there, and coerced Bhushan Chandra Khan into making over his cash-box, which contained a substantial sum of money, and his wife into yielding up the ornaments which she was wearing. Next day, Bhushan Chandra Khan went to the police station at Barabazar and lodged a first information. In this he gave a description of the two dacoits, who had come up the stairs into the upper storey and threatened his wife and himself.

(3.) The Sub-Inspector, apparently had no great difficulty in discovering that the appellant, Dwarika Lohar, answered the description of one of these two men, and he took him into custody, and also searched his house on 18 January 1940. When the house was searched, a dhoti, which was, ultimately, shown to belong to Bhushan Chandra Khan, was discovered.