EMPEROR Vs. HARI DAS MITRA

JUDGEMENT

(1.) This case has been referred under Section 307, Criminal Procedure Code, by the Sessions Judge of Khulna.

(2.) The story told by the prosecution is as follows:--Two young. Brahmin women Jibantara, the wife of Khetra Nath Bhattacharjee, and Probhabiiti, a widow, eloped with their lovers, hired a boat and after a week's travelling came to Bajra Bazar. The people of Bajna Bazar guessed what had happened, and thought it their duty to interfere, and they made arrangements for keeping the women, their lovers, and the women's ornaments until some relative could come and assume charge. The arrangement was, that the women and their lovers were taken to tie house of Sureudra Nath Mondal, the Panchayet the ornaments were deposited with a shop- keeper named Keshab Chandra Saha and a man named Bijay started to convey information to Jibantara?s husband. All these facts are admitted, and in regard to the motive of the Bazar people, the learned Judge has rejected the Police theory that they ware seeking unlawul advantages for themselves.

(3.) During the night one of the lovers complained that some money had been stolen from him: the evidence is very unsatisfactory, but the allegation was a good pretext for 3 chaukidar to go to the Thana and in the afternoon Sub-Inspector Bipro Das Chakravarty arrived on the scene in a boat. He went first to Surendra's house and then took the women and their boat to Bajna Bazar. Arrived at the Bazar the Sub-Inspector was urgent in demanding the ornaments. His version ii, that the very existence of the ornaments was dented, but the defence story that Keshab wanted all the witnesses to the deposit to be present at the return, and also wanted a formal receipt, is the more probable. The Sub-Inspector grew excited, and threatened to search Keshab's shop. Then he says Hari Das causeo a disturbance and knocked bin down. The Sub-Inspector took refuge in his boat: there he was attacked by an angry mob the boat was pulled ashore, the women were dragged from it by force, the Sub-Inspector was persuaded to go to Surendra's shop where he was k.-pt iii confinement, and the furnishings of the boat were carried off. In desperation he agreed to say nothing about what had happened: then he was allowed to go and nearly all his belongings were restoreo.