BIMAL KRISHNA BISWAS Vs. EMPEROR

JUDGEMENT

(1.) The appellants in these two appeals were tried "before a Special Magistrate of Barakpore on charges under Section 19-A of the Arms Act as amended by-Bengal Act XXI of 1932 and Section 120-B of the Indian Penal Code. They have all been convicted under those sections and the appellant Aswini Kumar Ghose has also been convicted under Section 19-A of the Arms Act as amended by Bengal Act XXI of 1932. Bimal Krishna Biswas has been sentenced to undergo rigorous imprisonment for 7 years and each of the other two appellants has been sentenced to undergo rigorous imprisonment for 5 years. Besides these appellants four other persons were put on trial. Out of these three, namely Kalidas, Ghose, Lakshman Chandra Adhikary and Panehanan Samanta pleaded guilty and were convicted on that plea and each of them was sentenced to undergo rigorous imprisonment for 6 months. They hive been examined as witnesses for the prosecution. Kalidas, prosecution witness No. 37, Lakshman prosecution witness No. 38 and Panchanan, prosecution witness No. 39. Another accused Pankaj Kumar Mitra was granted pardon and examined as a witness, prosecution witness No. 34.

(2.) The case for the prosecution is as follows:--On February 18, 193-1, Bimal was arrested under Section 34 of the Criminal Procedure Cede. He was released the next day but was re- arrested. On March 19, as the result of certain information received, the Police searched the house of Kalidas and arrested him. He made a confession which was recorded on March 23. On the same day the house of one Bimala Bala Debi was searched and three revolvers which are marked as Exs. IV, V and VI, in the case were recovered. Thereupon a First Information Report, Exhibit 3, was drawn up. On March 20, there was a search in the houses of Lakshman, Panchanan and Gopi Mohan Daw but nothing incriminating was found. Gopi was arrested on March 21, and the other two on March 22. Lakshman and Panchanan made confessions which were recorded on March 22. On March 21, there was a search in the house of the appellant Aswini. In a flower tub in the garden attached to his house were found two revolvers and a pistol which are marked as Exs. 7, 8, and 9,in the case. He was arrested and another First. Information Report Ex. 40 was drawn up. These two First Information Reports were amalgamated and the case was taken up as one case. On March 24, the library of the Bayam Samiti was searched and some articles including two proscribed books were found. On March 31, a tank close to the house of Aswini was searched and certain articles including some photographs of persons convicted of terrorist offences were found. On April 3, the approver Pankaj was arrested and he made a confession which was recorded on the following day. After further investigation charge-sheet was submitted on May 14, and the accused persons were put on their trial on June 11. On June 18, Pankaj was granted pardon and on the same day charges were drawn up against the remaining six out of whom the three persons named aboved pleaded guilty. No orders were pissed on that day, but on June 28, the three confessing persons were sentenced and on the same day were examined as witnesses.

(3.) The prosecution case rests on the find of two sets of fire-arms, one on March 19, 1931, in the house of Bimala Debi and the other on March 21, 1934, in the garden of Aswini. As regards the alleged conspiracy the charge runs as follows: That you between January 1934 a March, 1934 at Baranagore and Alambazar P.S. Baranagore, were party to a criminal conspiracy with others known and unknown, to possess fire-arms, viz., revolvers, pistols and cartridges in furtherance of terroristic movements, and thereby committed an offence punishable under Section 120-B of the Indian Penal Code read with Section 19-A of the Indian Arms Act (Act XI of 1878) as amended in Bengal Act, Act XXI, of 1932 and within my cognizance.