ABDUL WAHAB Vs. EMPEROR

JUDGEMENT

(1.) Eighteen men have been convicted by the Additional Sessions Judge of Moradabad under Section 396 of the Indian Penal Code. Three of them, Abdul Wahab Alices Habbu Khan, Muhammad Sayed Khan and Jamna Das have been sentenced to death. The rest have been sentenced to transportation for life. They all appeal.

(2.) On the night of the 9 of May, 1923, between 10 and 11 p.m. the house belonging to Ram Sarup and Murli alias Murlidhar Bishnois in the village of Fakhanpur was plundered by dacoits. The gang found Murli and Ram Sarup sleeping just outside their house and capturing them, made them lead them into the house and show where the money and valuables were kept. The gang first rifled an iron-safe containing cash and ornaments of considerable value and then went on to plunder the house. They set fire to a quantity of straw in order to see what they were doing and also used two lanterns, one of which they had brought with them while the other they found hanging up in front of the house.

(3.) The noise and flames aroused the village and three parties of villagers attempted a rescue approaching the house from the east, the west and the south sides. Ram Sarup and Murli succeeded in making their escape in the confusion caused among the dacoits by the necessity to repel these attacks, though not till after Murli had been roughly handled on account of his refusal to disclose the hiding place of the rest of his money.