LALAN MALLIK Vs. EMPEROR

JUDGEMENT

(1.) In this case, the nine appellants have been convicted under Sections 395 and 396 of the Indian Penal Code, and have been sentenced to ten years transportation each. The Assessors agreed that Lallan and Sajani were guilty, but, while acquitting the remaining seven prisoners, they expressed the opinion that the deposition of the approver was true, but were doubtful as to whether he had given the names of the dacoits correctly. They also expressed an opinion that Lallan was caught red-handed, and that the confession which he made on the spot was made to a private person and was not obtained by force.

(2.) The learned Vakil, who appears for the appellants, has taken us at very great length through the evidence of upwards of fifty witnesses who were heard in the course of the case. His object in doing so is not clear because it is conceded by the learned Vakil that it has been established, without any shadow of doubt, that the occurrence took place, and that the only question is whether the evidence of the approver has been sufficiently corroborated to make it safe to uphold the conviction.

(3.) The facts that were accepted by the Judge and the Assessors are that, on the night of the 6th-7th of December last year, a large gang of dacoits made an attack on Bistoo s house at Mirgi. Bistoo and another-man were sleeping in a varandah. They were assaulted and the dacoits endeavoured with an axe to break into the house. Before they could effect their purpose, the neighbours came up and there was a fight and the dacoits were driven off; but they were not driven off until they had used a gun which was carried by one of them. Bistoo and several other persons, received gun-shot wounds, a man named Mahadeo being so severely injured that) he died of the effects a short time afterwards. One of the dacoits, a man named Lallan, fell into a hole near the bank of a khal as he was running away and was captured by one Ahmed and two other persons and brought back to Bistoo s godown. There he gave the names of certain other members of the party of the dacoits. While he was doing this, a chowkidar, was sent away to lay the first information. As a result of the information received from Lallan, efforts were made to arrest the persons whose names he had given; but, they were not to be found in their villages. Not till the 16th of December, was Biswanath arrested, then on the 186b, Gour Charan was brought by his father and Ganga Charan was caught, on the 29th Pocha MandaL was captured, on January 3rd Sajani, on January 25th, Reajuddi, on February 7th Bepin, on February 18th, Jagadish, who afterwards turned informer, and, in the early part of March, the last prisoner Nabadwip was taken into custody.