ABDUL MAJID Vs. EMPEROR

JUDGEMENT

(1.) In this case nine persons were charged with offences under Secs.401, 328/120 B and 394/120-B, I.P.C. With regard to the charges under Section 401, they were tried with the aid of assessors, and with regard to the charges under the other sections they were tried by the Additional Sessions Judge and a jury. Biren, Majid, Chitta, Nilu and Ramani were convicted and the other four acquitted. A Rule for enhancement of sentence was issued by this Court. Biren was sentenced to four years rigorous imprisonment and Nilu and Ramani to six months each. None of these have appealed. The sentences of Nilu and Ramani have already expired. Majid and Chitta were sentenced Co two years rigorous imprisonment each, of which sentence they have already served about 12 months each.

(2.) The case for the prosecution was that Biren was the brain of the movement alleged by the prosecution. He got to know Majid, Chitta, Pulin, Naresh and Deben and probably others, and about the end of 1931 or the beginning of 1932, he invited Pulin to Beadon Square, where Chitta and Majid were already present by appointment, and described a plan of making money by doping prostitutes and stripping them of their ornaments. Since then the plan had been put into operation by Pulin and Biren visiting several prostitutes in pursuance of this conspiracy, while Chitta and Majid supplied money, and got a share of the spoil. Drugs were procured at first from Naresh Mitra, who, though at first he knew nothing about the purposes for which the drugs were to be used, eventually became aware of the plan and subsequently shared in the profit; later on, Sailen, Nilu and Bhulu were introduced and joined the conspiracy. These men used to meet in one or other of the parts of Calcutta to arrange plans for carrying out the objects of the conspiracy and for raising funds. Later on, operations were extended outside Calcutta, to Dinajpur and Rangpur. Later on, Aswani, Ramani and Jadu joined and operations were extended to Kustia. Still later a plan was proposed to be carried out at Navadwip, by Biren, Chitta, Nilu and Bhulu, which involved the picking of the lock of a safe. This failed because nobody could pick the lock. It was alleged that Majid introduced Sukhani as an expert who could do that.

(3.) Later on, the plans became more daring and it was arranged to make raids upon houses. These, however, came to nothing for one reason or another and, eventually, the police got some knowledge about the gang, and various persons were arrested on suspicion and were subsequently discharged. Eventually, however, Pulin was arrested on 13 June 1933 and made a confession implicating the whole of these persons and they were re-arrested. It is obvious therefore that the case depends largely upon the confession made by Pulin. "With regard to Biren, Pulin's statements have been corroborated by the evidence of the victims of some of these plots. The rest of the evidence depends upon one or two documents, and evidence of association between the accused.