RAMESHWARI PASI Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal on behalf of one Rameshwar Pasi who has been convicted under Section 412, Indian Penal Code, and sentenced to five years rigorous imprisonment. There was also a charge under Section 397 against the appellant but the jury re-turned a verdict of not guilty under that section and a verdict of guilty under Section 412.

(2.) The prosecution ease is that there was a dacoity in the house of one Puna Sao of village Pirautha on the midnight of 1 November 1940. The dacoits were variously armed with deadly weapons and in the course of the dacoity they assaulted the inmates of the house and carried away property worth Rs. 7000. For this the appellant Rameshwar Pasi as well as one Jageshar Singh were charged under Section 397. Jageshar Singh appealed but his appeal has been dismissed by this Court. The case for the prosecution further is that on 7 November 1940, Ganauri Pasi and Rameshwar Pasi approached Sarju Sao at Madardih and offered two pairs of gold Kanausis (earrings) for sale. The chaukidar of Madardih, happened to reach there. He is P.W. 4, Hamid Khan. Suspecting them as being persons concerned in the dacoity at Pirautha he seized the Kanausis and took the two persons to the Wazirganj police station.

(3.) The defence of the accused was that they were falsely implicated on account of enmity. In his charge to the jury the learned Judge has explained the law and then he has dealt with the case of the individual accused. As the appellant has been acquitted under Section 397, it is not necessary for me to refer to that part of the charge. But while dealing with Section 412 the learned Judge says: The evidence consists of the testimonies of Hamid Khan chaukidar (P.W. 4), Sarju Sao (P.W. 6) and that of the Sub-Inspector of Wazirganj (P.W. 3). Hamid Khan stated that while he was passing by the lane he found Ganauri Pasi offering four gold Kanausis (Ex. 12) to Sarju Sao for sale and Rameshwar Pasi was also with him... He seized the Kanausis and took them both to the thana Sarju Sao has supported the statement of the chaukidar. Sarju Sao said that Eameshwar spoke nothing but was with Ganauri. The Sub-Inspector has deposed to the effect that he recorded the saneha (Ex. 3) and forwarded them to the Sub-Divisional Magistrate at Gaya. No Police investigation took place in connexion with this matter.