EMPEROR Vs. KHETAL

JUDGEMENT

(1.) In this case five men, Daryao Singh, Umrai, Sibba Singh, Khetal and Bhopal Singh, appeal against their convictions for dacoity by the Sessions Judge of Shahjahanpur. They have all been sentenced to ten years rigorous imprisonment. It is a bad case. Owing to the mistakes of the Sessions Judge, and to what appear to me to be errors of judgment on the part of the Deputy Superintendent of Police, due, in part, to a strange order by the Magistrate in refusing an application for pardon, I have had difficulty in disposing of the case. I am compelled to allow two of the appeals, but, in one case, it seems to me a miscarriage of justice.

(2.) The learned Judge has based his decision almost entirely upon the confessions of Daryao Singh and Sibba Singh. He has worked from this standpoint, and has sought for corroboration of the confessions from independent evidence against each of the accused, except in the case of Daryao Singh where he has fallen back upon the confession of his co-accused, Sibba Singh. This is a very usual method in such cases as this, but when both confessions are inadmissible, which is the case here, it has serious drawbacks. A great deal of the Judge's work has been thrown away, and I have had to do it again.

(3.) The dacoity look place in the night of the 4 and 5 of June, 1922, and, on the 6 of June, Daryao Singh and Sibba Singh were arrested. Both were old soldiers and had gun licences. Both were obviously persons who never ought to have been permitted to carry firearms. Both were willing to with their comrades to the public for a pardon. I am quite satisfied that both, were induced to make their confessions by the promise of being made an approver, if possible.