SAROJ KUMAR CHAKRAVARTY Vs. EMPEROR

JUDGEMENT

(1.) The appellants in this case are three out of five young men who have been tried by the learned Sessions Judge of Backerganj and a jury of five persons. The appellants, together with one Noni Gopal Sen Gupta, were charged with an offence punishable under Section 19 (f), Arms Act, and, together with Noni Gopal Sen Gupta and Sudhir Ranjan Chakrabarti, of offences punishable under Secs.399 and 395/120-B, I. P. C. Accepting the majority verdict of the jury the Sessions Judge has convicted Saroj Kumar Chakravarty under Section 19 (f), Arms Act, and Secs.392/120-B, I. P. C., and sentenced him to concurrent terms of 3 and 2 1/2 years rigorous imprisonment. He has convicted Manmatha Nath Das and Narendra Nath Sen under Secs.392/120-B, I. P. C, only and sentenced them to 2 and 2 1/2 years rigorous imprisonment respectively. The appellants were acquitted on the other charges and the two persons charged with them on all the charges.

(2.) The prosecution case is sot out in great detail in the charge of the learned Judge; it will be sufficient if we recapitulate the main points in it. On 25 January 1931 Noni Gopal and an unknown person engaged a boat belonging to the manji Sheikh Ala Baksha at Barisal. The Ghat manjhi requested them to enter particulars of their identity in a book which is kept for that purpose. It is said the entry was made by Noni's companion who wrote in the book the name of a fictitious person. Noni went with Ala Baksha to another ghat where the three appellants joined the boat bringing with them their bedding and a bundle. The manji, on the instructions of his passengers, took the boat to a place called Banerji's hat where the whole party spent the night on board. The next day was spent in travelling, some of the party disembarking from time to time to buy provisions. On the next day, 27 January, the boat arrived at a place called Dhemara, a little after dusk. It so happened that there had recently been a dacoity in the neighbourhood and the inhabitants were apprehensive and suspicious of strangers. This explains the fact that the next morning the local daffadar Keramat Ali accosted Noni and Manmatha who had gone ashore. If Keramat Ali is to be believed Noni gave information as to the identity of himself and his companion that was partly true and partly false. In the afternoon Naren and Manmatha visited the house of one Tarak Kundu said to be the wealthiest inhabitant of Dhemara. Ramesh Kundu, Tarak's nephew, was at home. The visitors inquired if there was anyone there who know of a cure for pthisis. Ramesh replied there was not. Manmatha and Naren talked to one another in English which. Ramesh does not understand. They also asked questions as to the topography of the Kundu establishment which it is suggested indicated a highly suspicious curiosity. On leaving Tarak's house they passed by a pit in which was a man named Gopal Chandra Pal engaged in the preparation of bricks required for alterations to the house. Ho was not visible to Naren or Manmatha and ho hoard one of them say to the other in Bengali Kundu's house is good and the approach is good." The words taken in connexion with the recent dacoity aroused his suspicions and ho reported the incident to Tarak. The result was that after dark a party of 50 or 60 villagers, under the leadership of the daffadar Keramat Ali, went to the river to examine the boat. They found it just getting under way and called to the occupants to bring it to the bank; this they did but before the boat reached the bank something was dropped from it at the junction of two khals. The manjhi and passengers were made to leave the boat which was searched and amongst other things wore found electric torches, turpentine and mercolized wax. The prosecution case is that there was also found a cartridge of continental make. None of the villagers recognized it as such though its weight aroused their suspicions. The passengers, the manjhi and the objects found were taken to the Naib's kutchery where they were kept for the night. The next date (29 January) they were taken in the boat to the thana at Wajirpur. It is said that en route for the thana Monmotha attempted to bribe Keramat Ali to throw away the cartridge.

(3.) At Wazirpur the daroga recorded a first information and drew up a search list. As it was late he did not send these prisoners to Barisal until the 30th. On the 30 the daroga also made a fruitless search on the river bank for the article that the villagers said had been dropped from the boat on the evening of the 28th. On the 31 the search was resumed. Nets proved useless but eventually Keramat Ali who in company with the police officers was searching the river bottom by diving brought up a bundle containing two revolvers, 18 live cartridges and 1 expended cartridge.