BACHA BABU Vs. EMPEROR

JUDGEMENT

(1.) In this case which has been referred to as the Agra Conspiracy Case all six appellants were charged with conspiracy, the charge being that between February 1931 a August, 1932 at Agra, they jointly and severally agreed and conspired together with one another and with Dau Dayal, who is absconding, and also with Uma Shankar, Ram Nath and Vishwa Nath, approvers, and with other persons known or unknown and not before the Court, to do or cause to be done jointly and severally illegal acts, the illegal acts being to collect and possess firearms and ammunition and explosive substances, to commit attempts to murder to commit decoities and extortion which are offences under the Arms Act, the Explosive Substances Act, and the Indian Penal Code. In the charge it was further alleged that in pursuance of the aforesaid conspiracy : (a) a revolver and an automatic pistol were stolen on 19 February 1931 and 13 July 1931, respectively; (b) a dacoity was committed in the godown of Manohar Bhagat Dhyan Ram on 14 March 1932, in which firearms were used and a man was hurt; (c) another dacoity was committed on 13 July 1932, in the godown of one Jamna Das in which a man was killed; (d) an attempt was made on the life of S.O.I., Chatta, on 1 April 1932, by throwing a bomb behind his quarters; and (e) another attempt was made on the life of Anandi Lal on 6 April 1932, by placing a bomb at his house in Agra for the purposes of extorting money from him. The appellant Bachcha Babu alias Kamta Prasad (hereinafter referred to as Bachcha Babu) was further charged : (1) That he abetted the commission of a dacoity before referred to at the house of Manohar Bhagat Dhyan Ram on 14 March 1932, in which one Gulzari Khan received a bullet injury, the abetment being supplying arms to the dacoits which were used in the dacoity and subsequently recovered from his house contrary to Section 395/397, Indian Penal Code, read with Section 109, Indian Penal Code. (2) That he abetted the commission of a dacoity at the godown of Jamna Das on 13 July 1932, in which one Durga was killed by a revolver bullet, the abetment being supplying arms to the dacoits which were used in the dacoity and which were later recovered from his house contrary to Section 395/396, Indian Penal Code, read with Section 109, Indian Penal Code. (3) That on 5 August 1932, he was found in possession of a large number of weapons and arms which were recovered from a secret place in his house contrary to Section 20, Arms Act. (4) That on 5 August 1932, he was found in possession of two bottles containing picric acid and ammonia which are ingredients of a highly explosive nature under circumstances which raised a reasonable suspicion that they were not being kept for a lawful object contrary to Section 5, Explosive Substances Act. (5) That on 5 August 1932, he was found in possession of a pistol and a revolver which weapons had been stolen, well knowing that the same had been stolen or having reasonable grounds to believe that the same had been stolen contrary to Section 411, Indian Penal Code.

(2.) The appellant Umrao Singh alias Nepali (hereinafter referred to as Nepali) was further charged : (1) That on 1 April 1932, at the police station Chatta in Agra City he threw a bomb in a compound behind the said police station with intent to cause an explosion calculated to cause danger to human life or serious injury to property contrary to Section 4 (a), Explosive Substances Act. (2) That on 13 July 1932 he committed a dacoity in the godown of Jamna Das in which one Durga was killed by a shot fired by him.

(3.) The appellant, Rishi Nath was further charged that he on the 19 day of June 1931, was found in possession of explosive substances in his shop in Kinar Bazar, Agra, which articles exploded and caused injury to his hand and that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to Section 5, Explosive Substances Act. The appellant, Ram, Singh was further charged that on 13 day of July 1931, in the house of his uncle Hakim. Gyan Singh he stole a revolver belonging to Durvijey Singh who was staying there as a guest contrary to Section 380, Indian Penal Code.