MAGANLAL BAGDI Vs. EMPEROR

JUDGEMENT

(1.) GRILLE , J.C. 1. This appeal and the connected appeals are by 10 persons who have been convicted under Section 120B, I.P.C., read with Sections 302, 379, 392 and 395, I.P.C., and Section 19(f), Arms Act. Some have also been convicted of offences under Sections 380 and 411, I.P.C. The actual appeals are six in number, Maganlal, Maroti, Ramchandra, Sher Mohammad and Mahadeo being represented by Mr. Kedar, Sheonandan and Shyamnarayan by Mr. Brahmarakshas, Mukerji by Mr. Barlingay, and Chatterjee by Rai Bahadur Chaudhary. The 10th accused was unrepresented, he ex. pressed a wish to argue his own appeal and in pursuance of this request was given permission to inspect the records of the case. He took objection to certain conditions which were imposed on him as a person in custody and not on bail, in connexion with the inspection of the records, and declined in consequence to appear before the Court at all. This judgment will cover all the appeals.

(2.) ALL the accused have been convicted under Section 120B I.P.C., and for this offence Mukerji, who has been considered the ring-leader, has been sentenced to five years' rigorous imprisonments Sheonandan, Maganlal and Shyamnarayan have been sentenced to four years' rigorous imprisonment each; Chatterjee, Maroti, Memne, Ramchandra and Mahadeo to three years' rigorous imprisonment each; and Sher Mohammad to three years' rigorous imprisonment. In addition Sheonandan has been sentenced to three years' rigorous imprisonment in respect of each of two offences under Section 380, I.P.C., for the theft of revolvers at Betul and Nagpur, and Mukerji and Sher Mohammad to three years' and one year's rigorous imprisonment respectively under the same section in connexion with the theft of money from the safe at Hinganghat Railway Station. Further Mukejri, Chatterjee, Maganlal, Maroti, Memne, Ramchandra and Mahadeo have all beep sentenced under Section 411, I.P.C., in respect of the receipt of stolen property; Mukerji to three years' rigorous imprisonment for this offence; the remainder excepting Mahadeo who has been awarded one year's rigorous imprisonment, to two years' rigorous imprisonment. All the sentences have been directed to run concurrently. Three other accused in the case, Satyanarayan, Laxminarayan and Nerbuda prasad have been acquitted. One Mathuraprasad who was also implicated in the conspiracy has been made an approver.

(3.) BEFORE dealing with the evidence concerning the facts of the case and the participation of the various accused in the conspiracy either by reason of their participation in the overt Acts alleged or their membership of the conspiracy it is necessary to deal with the contentions raised on the points of law. The first contention is that the trial is bad for want of the requisite Government sanction under Section 196, Criminal P.C., inasmuch as the facts, if accepted, show an offence under Section 121-A, I.P.C., and not under Section 120-B ibid. The learned Sessions Judge has certainly considered that the ultimate object of the conspiracy was the murder of Government officers and the immediate object of the party was to collect fire-arms with the purpose of conducting anti-Government propaganda, and it is observed that a patty which collects fire-arms with the object of doing anti-Government propaganda can have only one object, namely terrorism including murder of Government officers.