BHOLA Vs. EMPEROR

JUDGEMENT

(1.) The appellants Bhola Singh, Nanhe, Jurri, Sardar, Likha Singh and Ram Sahai have been convicted under Section 402 of the Indian Penal Code of assembling for the purpose of committing dacoity and sentenced to seven years rigorous imprisonment each, the maximum sentence permitted by the section. Two of the appellants, Bhola and Sardar have also been convicted under Section 19(f) of the Arms Act and given separate sentences of three years rigorous imprisonment each.

(2.) On the afternoon of 8 March last three of the accused, namely, Bhola, Nanhe and Ram Sahai, came to the village of Naigawan to the well for water. They were strangers to the village. Malkhan Singh, who was at his chaupal near by, became auspicious and noticed that Bhola had a pistol fastened round his neck under his clothing. Ho and others of the villagers, seized them and tied them up. Malkhan Singh had himself been in trouble with the police at one time and had possibly been asked by them to render assistance in apprehending suspicious characters. Armed dacoity has been very prevalent in the Budaun district of recent years, and it appears that there had been twenty-seven armed dacoities between 1 January, 1924 and the date of this case. The chaukidar was at once sent off to give information at the thana.

(3.) In the meantime three other men were noticed running away towards the east.