EMPEROR Vs. TARA

JUDGEMENT

(1.) This is a very difficult case which has given us a great deal of trouble, and the results which probably involves a miscarriage of justice, but, speaking for myself, I have no doubt whatever as to the legal principles applicable to it, and as to the applicability of them to the peculiar circumstances of the various appellants before us. Now there are three cases, each of them involving a large number of alleged dacoits who were tried together for participation in three separate dacoities, committed at different times and at different places, but round about the same season and round about the same neighbourhood. Their connection arose more from the alleged co-operation of a large number of the accused in each of them, than from any other circumstance showing direct connection between the three dacoities. There were really Tour in all, and I desire to say at once, because I shall have something to say hereafter by way of criticism, that the police and the Sessions Judge were alike confronted with a difficult task.

(2.) We are dealing today with one only of these dacoities,, namely, that committed at Sarai Chabila, on the night between the 23 and 24 of July, at the house of one Rate Ram and others in the same compound. The other appeals relate to dacoities committed on the 9 of March of the same year, 1922, and on the 28 of June, 1922. The fourth dacoity, which the Judge says was thought by the investigating officer to be closely connected with this dacoity by reason of its being carried out by the same participants, occurred on the 20 of July.

(3.) We have not heard the other appeals, but we are told by the Assistant Government Advocate that in substance, and in respect of the characteristics which have evoked our criticisms of the judgment in this case, the other two appeals, which are still pending, do not greatly differ from this, and, therefore, although this decision does not govern the others, this case, on the other hand, must be considered to be a type of the others, and the result in the others when we reach them must be governed by the principles which we propose to lay down in this, and the criticisms which we propose to pass upon the procedure unfortunately adopted in this case must be read with reference to the other cases mutatis mutandis.