SUKER DUSADH Vs. EMPEROR

JUDGEMENT

(1.) The appellants, Suker Dusadh and Bisesar Dusadh have been found guilty of dacoity by the unanimous verdict of a jury and sentenced under Section 395, I.P.C., Suker to six years rigorous imprisonment and Bisesar to four years rigorous imprisonment.

(2.) The dacoity was committed on the night of 9 January 1940 in the house of one Lukhar Mahto in whose service Suker had been employed as a labourer. As the appeal does not lie on the facts, the only question we have to consider is whether there was evidence to support the conviction and whether there was any misdirection affecting the merits. Bisesar had made a confession to a Magistrate implicating himself as well as Suker. The appellants have been convicted on this confession together with the identification of Suker by Eamsaran Koeri one of the eye-witnesses and of Bisesar by the same Eamsaran and another eye-witness Basdeo as having been present and taking part in the dacoity. Bisesar however in his statement at the trial said that he had made a confession at the instance of the police who beat him severely and tutored him to make that statement before the Magistrate. In his charge to the jury the Sessions Judge said "it is for you to decide whether this statement was made voluntarily or not;" and he continued: If you believe the confession to have been voluntarily made and if there is no reason to disbelieve the statement, it can be used in evidence against him (Bisesar) and he can be convicted thereon.

(3.) As regards Suker, he cautioned them against adopting the confession of Bisesar for the purpose of convicting this accused unless there was also satisfactory corroborative evidence implicating him. To this last observation no objection could be or has been taken, but we have been asked to hold that the Sessions Judge misdirected the jury in telling them that they were to decide whether Bisesar's confession was made voluntarily or not. It is the duty of the Judge under Section 298(1)(c), Criminal P.C., to decide upon all matters of fact which it may be necessary to prove in order to enable evidence of particular matters to be given.