EMPEROR Vs. BABAR ALI GAZI

JUDGEMENT

(1.) This case comes before us on a reference made by the Sessions Judge of Jessore under the provisions of Section 307 of the Code of Criminal Procedure. The accused were tried before the learned Sessions Judge and a Jury on a charge of dacoity with murder under Section 396 oh the Indian Penal Code.

(2.) The Jury by a unanimous verdict found the accused Nos. 3 and 6 guilty of an offence under Section 396 of the Indian Penal Code, and the other four accused guilty of an offence under Section 395 of the Indian Penal Code.

(3.) The learned Sessions Judge agreed with the verdict as against the accused No. 1 Babar Ali, but failed to pass sentence on him, being of opinion that, as he disagreed with the verdict as regards the other accused, he was bound to refer the whole case to this Court. The learned Judge, however, was in error in the view that he took and it was clearly his duty to pass sentence on the accused No. 1 Babar Ali. As against the accused No. 1 Babar Ali the case must go back to the learned Judge for him to pass sentence on this accused. The charge against all the accused under Section 396 of the Indian Penal Code had reference to the dacoity perpetrated in the house of one Sona Bibi, a widow, when it is alleged that she was murdered. The skeleton that was subsequently found may not have been that of Sona Bibi. The evidence, however, leaves no doubt that a dacoity took place in the house of Sona Bibi, and her disappearance amply supports the charge of murder.