BAGHUNATH PANDEY Vs. EMPEROR

JUDGEMENT

(1.) These appeals which have been heard together and the application of Rambhawan Singh from jail which is not in regular form as an appeal arise out of a case of alleged dacoity and possession and use of explosives and of a conspiracy for these offences at Chapra and other places in the district of Saran between 17th February and 23 August 1931. The charge of dacoity referred to a specific occasion on the night of 22nd --23 August 1931 when dacoity is said to have been committed at Phulwaria Math in village Ketuka Phulwaria P.S. Parsa.

(2.) The prosecution case in outline is that some young men who had been concerned in the Congress and Civil Disobedience Movements abandoned non- violent principles and conspired for the commission of bomb assassinations and dacoities for the purpose of bringing about Swaraj by way of revolution. Two members of the conspiracy Ramjanam Singh and Budhu Kahar made confessions and have been examined as witnesses under tender of pardon. Their evidence contains partically the whole of the prosecution story regarding the activities of the alleged revolutionary organization and 93 other witnesses are examined, some deposing as to particular incidents referred to in the main story while others are police officers who explain the course of the investigation.

(3.) Ram Bhawan Singh accused and Ramjanam Singh, prosecution witness had been convicted in 1930 in connexion with the Civil Disobedience Movement. Ram Bhawan was released from jail in December 1930 and Ramjanam on 17 February 1931. Ram Bhagwan and Ramjanam met and the former asked Ramjanam to become a member of the Saran Branch of the All India Republican Army. A meeting was held about the e February, or first week of March 1931. It was followed by the posting of red leaflets about 14 March 1931 containing threats against police officers, wine dealers, traitors and foreign cloth dealers. Ramjanam speaks of a second meeting at which it was resolved to bomb some police officers and in pursuance of this resolve it is said a bomb was thrown on 2 April, 1931 at the bungalow of the Assistant Manager, Bettiah Raj. The bomb, it is said, was intended for the Assistant Superintendent of Police. The next meeting spoken of is of April 1931 at which it is said new office bearers were elected and proposal was made for raising money by commission of dacoity. In pursuance of this resolve a dacoity was planned to be committed at Phulwaria Math. A party went out there and made an attack but alarm being raised the party retired without securing any property.