JOGRAJ MAHTO Vs. EMPEROR

JUDGEMENT

(1.) The petitioners Jograji Mahto and his son Rambilas Mahto were convicted by a First Class Magistrate of Samastipur under Section 225 and 323, I.P.C., They were sentenced under Section 225 to undergo rigorous imprisonment for one year each and to pay fines of Rs.20 each in default to undergo a further three months rigorous imprisonment each. Under Section 323 they were sentenced to undergo rigorous imprisonment for a period of one year each, this sentence to run concurrently with the period of imprisonment under Section 225,1.P.C. An appeal against their conviction and sentence was dismissed by the learned Sessions Judge, Darbhanga. The findings of fact upon which they have been convicted are that on 10 March 1939, they rescued one Faujdar Gope, who was an accused in a dacoity case, from the custody of a chaukidar, and in the course of the rescue they attacked the Chaukidar with lathis and the. latter received one slight injury.

(2.) This Fauj dar Gope was said to have been absconding: in connexion with a dacity case within the jurisdiction of Mohiuddinnagar police station. The Sub- Inspector of that police station gave instructions to all the village police to look out for this man, and, if they found him, to arrest him. A chaukidar Doman Dusadh, of village Hassanpur learnt that Faujdar Gope was hiding in the house of the petitioner Jograj Mahto. On the day in, question he went to Jograj's house and saw Faujdar Gope sitting at the door with the petitioner Rambilas.

(3.) He went up from behind and caught Faujdar and tied him round the waist with his turban and began to take him towards the thana. When he had proceeded a short distance, Jograj and Rambilas came up with lathis and demanded his release. The chaukidar refused, and then Jograj hit the ohaukidar with his lathi, and Rambilas struck him with his fists. The turban was snatched from his hands, and when the chaukidar again tried to seize Faujdar, Paujdar threw him down, and Jograj and Rambilas again assaulted him. Rambilas then untied Faujdar, and all three made off.