RAJENDRA NATH LAHA Vs. EMPEROR

JUDGEMENT

(1.) At 3 a.m. on 13 March 1935 Chaman Ali, a man of Chandhos in Patna District, entered into the female compartment of the Up Kalka Mail train at Hazaribagh Road Station. There he committed robbery of a large number of gold ornaments from the persons of women of the family of Sat Narain of Delhi who had been to Calcutta for wedding. He prevented by intimidation the pulling of the communication cord; and when the train slowed down at Gaya he slipped off and escaped in the darkness. After information had been given to the Railway Police, some of the Delhi passengers remained at Gaya for that day and the next. On the early morning of 15 March when they were waiting on the Gaya platform to continue their journey to Delhi, Chaman Ali arrived by the Bombay Mail from Calcutta changing at Gaya, in order to continue his journey in the Patna-Gaya train. While he was on the Up platform he was recognized by one of the ladies and was captured. He had in his luggage a considerable portion of the stolen property and on his person the sum of Rs. 1,070 in currency notes. In his luggage was also a new gramophone, with other articles which he had purchased on the previous day in Calcutta.

(2.) We know now to some extent how Chaman Ali had been occupying his time in Calcutta. After he had arrived there he went to the Kidderpore rickshaw stand where he took a rickshaw to Koila Sarak lane. After a short absence in Koila Barak lane he returned to the rickshaw and asked to be taken to Watgunj to the shop of a goldsmith. He was taken to the shop of Mahabir Sonar. He told this man that he had some gold ornaments for sale. Mahabir Sonar looked at the ornaments, but he had not sufficient money in hand to be able to purchase them. He accordingly took him to the nearest goldsmith's shop, that of Rajendra Nath Laha, to whom Chaman Ali sold some ornaments for Rs. 683. After a short time Chaman Ali and Mahabir returned to the shop of Rajendra Nath Laha. Chaman Ali said that he had some more ornaments for sale; and Rajendra then purchased two bangles and a gold chain for Rs. 772. Chaman Ali thus had Rs. 1,455. He purchased a gramophone, and made some more purchases in Calcutta, after which he returned to Gaya by the Bombay Mail, carrying with him the other gold ornaments which he had not sold, the balance of the money and the new gramophone and other purchases which he had with him when he was captured. Chaman Ali was in due course placed on his trial before the Assistant Sessions Judge of Gaya and a jury, charged with an offence punishable under Section 397, I.P.C. Rajendra and Mahabir were tried jointly with him. Rajendra was charged under Section 411, I.P.C.; and Mahabir Sonar was charged under Section 414 for having assisted in the disposal of the stolen property. The jury found all the accused guilty. Chaman Ali was sentenced to seven years rigorous imprisonment; and Rajendra and Mahabir each to two years rigorous imprisonment and a fine of Rs. 500. We are concerned here with the appeals of Rajendra Nath Laha and Mahabir Sonar.

(3.) There does not appear to be any ground for criticism of the charge to the jury so far as it affects the case of Chaman Ali, but learned Counsel on behalf of the two appellants attack those directions to the jury which relate to the charges under Secs.411 and 414, I.P.C. The manner in which the property was acquired by Rajendra as set out above is to be found in the account given by Rajendra himself to the police and in that of Mahabir Sonar together with the account given in Court by the accused Chaman Ali, and the two witnesses who were examined for the prosecution, the rickshaw puller and Surendra Nath Dutta, the sarkar of the accused Rajendra Nath Laha. These accounts agree, and it cannot be questioned that they are substantially true. If corroboration were needed, it is afforded by the fact that the money found on Chaman Ali when he was captured represents approximately what would be left after he had purchased the gramophone and the other articles which were found with him. The value of the stolen property according to the first information was Rs. 4,357. The value of the stolen property found with Chaman Ali when he was arrested was Rs. 2,790, so that we may infer that the articles sold to Rajendra were part of the property stolen in the train. But at the same time we must also infer that the price paid for it by Rajendra was such as to render it extremely improbable that he believed the property to have been stolen. The bulk of the golden ornaments purchased on the 14 were melted down on 16 March but there were two bangles and a chain which had not been melted down. This was because Rajendra, needing some money to complete the amount necessary for the second purchase, pawned the bangles and the chain at a neighbouring shop. He redeemed them on the 16 but being again in need of money on the 17th, he pawned them again. When the police came to his shop on the 18th, he redeemed them and produced them for inspection. There was some confusion over the identification of the bangles, but the chain was identified as-part of the stolen property.