AZIZ KHAN Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by eight accused persons from an order convicting them under Section 395, Indian Penal Code, and sentencing them to transportion for life.

(2.) So far as the facts relating to the commission of the dacoity itself are concerned, there cannot be much doubt. On the night between 24 and 25 May 1933, a gang of about 15 dacoits raided the house of one Brij Lal at about 1 a.m. His servant Sita Ram was sleeping immediately outside the door, while another servant Sher Ali was sleeping in his cart a few paces away. Another villager He sho was passing that way about that time. The dacoits seized both Sita Ram and Kesho and tied them both by their feet to Sita Ram's charpoy and threatened to kill them if they made any outcry. Sher Ali, who was sleeping in the cart on the other side of the road and was not noticed by the dacoits escaped to the village and raised the alarm. The dacoits in the meanwhile got into the house and seized the inmates and obtained the keys of the boxes from them, opened the door and removed some properties. All the three inmates were maltreated badly and were tortured in order to disclose where valuables were kept. In particular Brij Lal, the owner of the house, was maltreated very cruelly; rags were tied round his arm, kerosine oil was poured over them and they were set fire to. While the dacoits were engaged in opening the boxes and searching the house and recovered about Rs. 40, Brij Lal found an opportunity to run away with his arm is till burning. Alarm having been raised some villagers came to the scene, but they arrived a little late and the dacoits had by that time bolted away. A report was made at the police station, which was a few miles off, at 6-30 a.m., that very morning and the police Sub-Inspector arrived to make the investigation. However it was not till 9 June that accused Ranjit Kahar was arrested and then on 24 June Anwar Ali was arrested who made a confession disclosing the names of the dacoits which led to the arrest of the other dacoits. Ahmad Khan's house was searched immediately after the confession of Anwar Ali and a revolver and sotne cartridges were found in the house. Other accused like Abdul Majid, Jamil Ahmad, etc., were arrested later still. Anwar Ali's confession referred to two other dacoities in addition to the one in question. Anwar Ali was offered a pardon and has made a statement as an approver in this case.

(3.) Against the accused there was not only the confession of Anwar Ali and also a retracted confession of the accused Jamil Ahmad but also the evidence of several eye-witnesses who claimed to have identified the accused. The accused in their defence produced very little evidence except Ahmad Khan who produced a number of witnesses to say that he was not arrested in the manner alleged by the prosecution but was brought straight from, the jail to the kotwali.