EMPEROR Vs. RAM NATH

JUDGEMENT

(1.) The 13 appellants in Criminal Appeal No. 1046 of 1934, were convicted by the learned Assistant Sessions Judge of the Etawah District of an offence under Section 399, Indian Penal Code. The appellant, Ram Nath, was sentenced under that section to a term of six years rigorous imprisonment, the appellant, Khuda Bux was sentenced under that section read with Section 75, Indian Penal Code, to seven years rigorous imprisonment, whereas the remaining 11 appellants were sentenced under that section each to a term of five years rigorous imprisonment. The appellants Ram Prasad and Gulzari were also charged with an offence under Section 307, Indian Penal Code. They were found guilty, convicted and sentenced under that section to a term of five years rigorous imprisonment which was made to run concurrently with the sentence previously referred to which was imposed upon them under Section 399, Indian Penal Code. The appellants, Ram Prasad, Gulzari and Sbiama were further charged with an offence under Section 19(f), Arms Act, and were found guilty, convicted and sentenced under that section each to a term of one year's rigorous imprisonment. In the case of Ram Prasad and Guilzari this latter sentence of one year was made to run consecutively with the sentences previously imposed upon them, but in the case of Shiama the sentence under the Arms Act was made to run concurrently with the sentences previously mentioned.

(2.) Against these convictions each of the appellants has preferred an appeal to this Court, but we are informed that since the appeal was filed Ram Prasad has died. That being so it is unnecessary to consider the evidence in so far as it referred to him and we shall deal only with the case of the remaining 12 appellants. The Local Government being of opinion that the sentences previously referred to were inadequate have applied to this Court for an enhancement of the same and that is the subject-matter of Criminal Revision No. 147 of 1935. The appellants previously referred to were charged with a number of other persons including Kishan Prasad, Ram Charan, Jhamman, Malkhan, Puttu Lal, Sukh Ram and Mahendra, but these seven persons together with two others were found not guilty by the learned Assistant Sessions Judge and acquitted. The Local Government have appealed against the acquittal of these seven named persons alleging that their acquittal was against the weight of evidence and therefore illegal. The Government appeal against the acquittal of Kishan Prasad and the six other named persons is the subject-matter of Criminal Appeal No. 148 of 1935.

(3.) The charge against the appellants in Criminal Appeal No. 1046 of 1934, and the respondents in Criminal Appeal No. 148 of 1935, was that they together with two others on or about 20 May 1934 had made preparations for committing a dacoity. The facts of the case can be briefly stated as follows: One Pandit Jagannath Prasad, a Circle Inspector of Bhind in the Gwalior State, became suspicious that the appellant, Ram Nath and others were living in a far better state than their means of livelihood appeared to warrant and that being so he instructed Balwant, a prosecution witness, to get into touch with these persons in order to ascertain how they obtained their money.