EMPEROR Vs. FAUJDAR

JUDGEMENT

(1.) This is is appeal by Government against the acquittal of three Doms, Faujdar, Sita and Balli,. of the offence of dacoity, and also-the appeal of four persons who have been convicted of the offence of dacoity Ishri Kurmi, Shiva Gobind Ahir, Damri Gond and Dudnath Dusadh. These four persons have been sentenced to six: years rigorous imprisonment by the Sessions Judge of Ghazipur. A first report was made at 5 a. m. on 15 June 1931, at the police station, Ubhaon, in Ballia district, which stated that a road dacoity had taken place three miles away at 11 p. m. on the night of 14 or 15 June 1931. The report was made by Ramkishore Lal, the complainant, and he stated that he was going in a bullock cart along with women folk and his wife's brother Adya Prasad and three coolies from his house towards Azamgarh, and as he was passing along he met four men on the road with lathis and he spoke to then about a fire and they went on; but shortly afterwards when the cart was four furlongs from Bethara Road railway station some 9 or 10 persons attacked1 the cart with lathis and beat the-coolies, who ran away, and beat the women folk and took away three trunks, and some bundles, the stolen property being valued at Rs. 1,954. A very detailed list accompanied the first report of the property which had been stolen. The report also detailed the- injuries which had been received by the women folk and by Adya Prasad and by the complainant Ramkishore Lai, and also by the three coolies and the cartman. Medical examination was made of the injuries on these persons, which were simple.

(2.) The first proceeding of the police-in this case was to arrest five persons. who were enemies of the complainant and whom be suspected These five persons and 15 other undertrial prisoners were placed before a Magistrate on 30 June 1931, for identification and Ramkishore Lal and hi? mother Mt. Sukhrani and Adya Prasad picked out a number of these persons. In fact in the case of Mt. Sukhrani, she picked out no less than 9 persons, and Ramkishore Lal picked out 6, and Adya Prasad picked out three, the number of persons then suspected being only five. Subsequently the police came to the conclusion that these five accused persons had nothing to do with this offence and they were discharged. Information reached the police of this offence through the prosecution witness Mahant Sant Sewak Singh, and this witness says that one Balkishun Ahir of his village told him that he had got information about this dacoity from Ishri accused, who had taken part in it, and he repeated the information Ishri had given him. The Mahant sent for Ishri who repeated this story. The Mahant communicated this information to Ibrahim Mian and as a result Sub-Inspector Rafiullah Khan arrived on the third day of his sending the information and a search was made and Ishri took the party to his cattle-shed and gave up certain property which had been concealed in an earthen pot under some cow-dung cakes in the cattle-shed.

(3.) There were nine articles recovered, clothes and some silver churies and a match box, and these articles were identified as having been stolen from the complainant in the dacoity and it is not contested that they were so stolen. On the same date, 3 July, P. W. 5, Husain, gave up a bundle of property to the Sub- Inspector in the presence of search witnesses which he said that the accused Dumri had placed with him. This also contained property stolen in this dacoity consisting of four garments. On the next day, 4 July, P. W. 13, Jebodh gave up certain property which he said was given to him by Sita accused to keep, and echu Bhar, P.W. 15, and Sukhdeo Lal, P.W. 17, both gave up property which they said Faujdar accused had given to them to keep. Confessions were recorded of Ishri, Shiva Gobind and Dumri giving a very full and detailed account of how this dacoity was committed on 8 and 10 July. A Magistrate, Mr. Shukla, was then deputed to take these people to the scene of the dacoity to verify these statements. He arrived on the scene on 18 July and he unfortunately adopted the procedure of going round with all the four accused Ishri, Dudhnath, Shiva Gobind and Dumri and also the complainant. He says that Ishri led the way and showed the different places, and the. other accused who were there corroborated what Ishri said and Ramkishore the complainant, also corroborated him with regard to the place.