BISHUNDAYAL MAHTON Vs. EMPEROR

JUDGEMENT

(1.) Criminal Revision No. 38 of 1943 is on behalf of 25 persons, and Cri. Revn. No. 77 is on behalf of two persons, namely, Mangal Mahto and Rajendca Upadhya. As both the petitions arise out of the same judgment, they have been heard together. All the petitioners have been convicted under Section 147, Indian Penal Code, and sentenced each to six months rigorous imprisonment with a fine of Rs. 50 in default six weeks further rigorous imprisonment. All of them have been convicted under Secs.332/149 and sentenced to nine months rigorous imprisonment. Two of them Damar Mahton and Kishun Mahto have further been convicted under Section 332, Indian Penal Code, and sen-tenced to one year's rigorous imprisonment. Baldeo Singh, Harihar Mahto, Hari Kishun Mahton, Sukhdeo Mahto and Rajendra Upadhya have also been convicted under Section 342, Indian Penal Code, and have been awarded six months rigorous imprisonment each. The substantive sentences of imprisonment are to run concurrently. The prosecution case has been very well summarised by the lower appellate Court and is a follows:

(2.) A dacoity had been committed within the jurisdiction of Bakhtiarpur Thana, which lies within the jurisdiction of the Sub-Divisional Officer of Barh. Some of the suspects had made confessional statements in which they implicated several persons, including Dukhi Mahto of village Kistipur, police station Chandi, within the Bihar sub-division. As several of the persons named in the confessional statements were not forthcoming, the police officer submitted a report to the Sub-Divisional Officer of Barh on 13 January 1942, praying for the issue of warrants of arrest and processes under Secs.87 and 88, Criminal P.C., against them, including people residing within the jurisdiction of Chandi police station. On 24 January 1942, the learned Sub-Divisional Officer of Barh passed an order directing the issue of warrants of arrests and processes under Secs.87 and 88, Criminal P.C., and fixed 7 February 1942, and 24 April 1942, as the returnable dates of the two processes, respectively. These processes were duly forwarded to the Sub- Divisional Officer of Bihar for service by police officer-in-charge of the several police stations lying within his jurisdiction, including Chandi police station.

(3.) On 23 February 1942, the Sub-Inspector of Chandi Police Station proceeded to village Kistipur on a khatoli for serving these processes. He arrived at village Kistipur at 3 P.M. with one constable, one dafadar and, some chaukidars and made a search for Dukhi Mahto, who was not found. He then proceeded to attach the live-stock of Dukhi Mahto in the cowshed which was outside. Then he entered into the zenana apartments of Dukhi Mahto and attached his utensils, saris and two wooden boxes. An old woman, said to be the aunt of Dukhi Mahto, was in the house. The attachment was effected in the presence of two witnesses, Rajendra Upadhya and Sukhdeo Mahto (who are petitioners before us). The signatures of these witnesses were taken on the search-list. The attached articles were then brought outside the house and kept in charge of the dafadar.