HARSHA NATH CHATTRJEE Vs. EMPEROR

JUDGEMENT

(1.) These are two appeals by the two accused against their conviction and the sentences passed on them by the learned Additional Sessions Judge of the 24-Parganas.

(2.) The two accused were charged before the learned Sessions Judge with having committed offences under three heads. The first charge against the accused was that they had in their possession or under their control certain arras in contravention of the provisions of Section 14 of the Indian Arms Act (Act XI of 1878). The second charge was that they had in their possession or control such arms in contravention of Section 14 of the Indian Arms Act in such a manner as to indicate the intention that such act might not be known to any public servant. The third charge was that during a period from the 2nd of December 1913 to the 26th January 1914, they conspired to manufacture or keep fire-arms in contravention of the provisions of Section 5 of the Indian Arms Act. The two Assessors who assisted the learned Judge at the trial, were of opinion that both the accused were guilty of the offences charged against them under the first two charges, but that they were not guilty of the offence charged under the third charge. The learned Judge, however, convicted the two accused under all the three charges find sentenced each of them to undergo the following terms of imprisonment, namely, under the first charge one year s rigorous imprisonment, and under the second and third charges three years rigorous imprisonment, the sentences to run concurrently.

(3.) The facts of the case lie in a narrow compass. On the 25th of January last, Mr. Denham, Deputy Commissioner of Police, received certain information. In consequence of this information Mr. Denham accompanied by the Inspector-General of Police and certain other superior officers proceeded to a one-storied house in Victoria Road, Baranagore. Early in the morning of the 26th January they arrived at the house. The door of the house having been forced the patty entered. The first accused Harsha Nath, alias Moti Lal, was found in the room that abuts on the road. In a room on the other side of the courtyard, portions of firearms and certain tools were found. Two receipts for the rent of the house were also found. The accused Harsha Nath was arrested. He declined to make any statement with reference to the things found in the house. A search list was then drawn up in the presence of witnesses and the party left. Constables in plain clothes were posted at the house with instructions to arrest any one who might come to the house. The first person to do so was the water-carrier, Chinibas Neka, who has been called as a witness for the prosecution. About 10 or 10-30 of the same night-the accused Khagendra in his statement fixes the hour as 8 or 8-30-the accused Khagendra arrived at the house and was arrested. The first question that we have to decide is what was the connection of the two accused with the house at Baranagore.