HIRDAY SINGH Vs. EMPEROR

JUDGEMENT

(1.) In these two appeals there are nine appellants,, who have been sentenced to various terms of imprisonment for offences under Secs.395, 225, 225B and 412, Indian Penal Code, the details of which will be stated when the case of each appellant is considered. The Sessions Judge of Monghyr tried the appellants with the aid of assessors, who found some of the appellants guilty of the charges framed against them. According to the prosecution case, some time between 11 P.M. on the night of 29 June 1943, and 1 A.M. of 30 June 1943, a dacoity was committed in village Kasimpur, within the jurisdiction of police-station Khagaria, in the houses of Dip Narain Mahton and Dina Nath Mahton, the houses of these two persons being 500 yards apart. It is said that about 30 to 35 men first went to the house of Dip Narain Mahton, where they looted his valuables after breaking open the main door. Dip Narain, who was sleeping, managed to climb up on to a platform of bamboos in the room from which place he asserted he was able to identify the dacoits. On an alarm a number of villagers assembled and Tilo Sao Chaukidar came to the spot, where he set fire to a small thatched hut adjacent to Dip Narain's house. In consequence there was much light, and the villagers are said to have identified some of the dacoits as a result of it. Thereafter the dacoits went to the house of Dina Nath Mahton, who was sleeping with his bhagna Kamleshwari. The dacoits struck Kamleshwari with a bhala, and proceeded to loot Dina Nath's valuables. Thereafter the daeoits decamped with the booty. On 30th June 1943, Dip Narain Mahton, Dina Nath Mahton and Tilo Sao chaukidar proceeded to Khagaria police-station, three miles away, where Dip Narain lodged a first information report at 8 A.M. Of the appellants, Hirday Singh was definitely named as one of the dacoits in that report. The Sub-Inspector of Khagaria after having recorded Dip Narain's statement proceeded to the village to investigate the case. There can be no doubt from the evidence of the Sub-Inspector and other evidence on the record that a dacoity took place in the houses of Dip Narain Mahton and Dina Nath Mahton. Indeed it was not seriously contended before us that there was no dacoity in the houses of these two men, but quite independent of that consideration I am fully satisfied, after an examination of the evidence, that in fact a dacoity was committed in the houses of these two men, and it is unnecessary for me to recapitulate the evidence witness by witness as to this.

(2.) While there was a dacoity in the houses of Dip Narain Mahton and Dina Nath Mahton at Kasimpur on the night of 29 June,, it appears that Ramdhani chaukidar of Baburahi was fairly active on the evening, of 29 June, as his suspicions were aroused on seeing the appellants Bhadai Singh, Hirday Singh and others talking together in a bamboo clump to the west of the village Sibohandpur. He had also seen one Tili Singh, who was convicted by the Sessions Judge but is not a party to these appeals, at the house of Bhadai Singh. Ramdhani chaukidar returned to Sabdalpur, at 7 P.M. when he saw a collection of persons at the: house of Bhadai Singh. Amongst them he recognised Bhadai Singh himself, Basudeo Singh, Sahadeo Singh, Pabirath Gope, Hirday Singh and one Barhamdeo Singh. Ramdhani ohaukidar then returned to his own village, where he called out to his nephew Baso Dusadh chaukidar, and returned with him to Sabdalpur, somewhere about 11 P.M. Ramdhani and Baso then went to the houses of the above mentioned individuals, and found them absent. Ramdhani chaukidar then took the assistance of Sibdhari Dusadh chaukidar (P.W. 4) and Rambhajju Kandu chaukidar (P.W. 5), and proceeded to Sahebpur Kamal railway station, three miles away, from where he sent a wire through the Assistant Station Master to the Sub- Inspector of Ballia to the effect that the bad characters of his village were absent and had probably gone to commit dacoity. At that time Ramdhani suspected that the dacoity would take place at village Bishunpur. Ramdhani, Baso Dusadh, Sibdhari Dusadh and Rambhajju Kandu then went to village Kurha, and asked Sipahi Kandu and Kutahal Gope chaukidar of that place to accompany them in order to do picketing west of Acheychak and east of Kalyanpur dhala, as they anticipated that the dacoits would return by that route. Ramdhani, it appears, then went to village Acheychak, woke up a number of persons and sought their assistance in apprehending these bad characters who were absent from the village. About dawn, Ramdhani went to village Sabdalpur in order to see if the suspected persons had returned. He found that they had not yet returned. While he was in Sabdalpur he heard an outcry from the direction of the spot where the ehaukidars were picketing. Prom the evidence it appears that the chaukidars who were picketing had seen some men coming towards Sabdalpur from the west. As Ramdhani approached the spot he met one Bhikari whom the chaukidar seized. Bhikari was, however, able to get away, as his brother one Lachhmi had come to his help in the meantime. In the meanwhile one Adua Singh and the appellants Basudeo and Sahdeo had been caught by the other chaukidars.

(3.) It is said that these men wer6 carrying bundles containing clothes and ornaments. The arrested men and the chaukidars were then proceeding towards Sahebpur Kamal. After they had proceeded a short distance, the arrested men cried for help, upon which the appellants Bhadai Singh, Pabirat Gope, Ramkishun and others came armed with weapons, such as lathis and bhalas. They assaulted the chaukidars, and released the three arrested men. The bundles which had been taken possession of from the arrested men Basudeo and Sahdeo were taken by the chaukidars Baso Dusadh and Kutahal Gope to the house of one Dorik Singh of village Kalyanpur. The bundles were found subsequently to contain a large number of ornaments and clothes. Ramdhani chaukidar and Rambhajju chaukidar proceeded from Dorik Singh's house to Sahebpur Kamal railway station and as they approached the station they saw Tilo Singh running with a bundle and an earthen pot containing ghee. Jugeshwar Mahton (P.W. 30) caught this individual Tilo near the railway crossing. Tilo was then taken under arrest to Sahebpur Kamal railway station. The Assistant Sub-Inspector of police-station Ballia, Naresh Jha, arrived at Sahebpur Kamal railway station at 8 A.M., when he took charge of Tilo Singh and the articles seized from him. It would appear that this Assistant Sub- Inspector had reached the spot as a result of a telephonic message being sent to the police-station Ballia, which was received at 7 A.M., as will appear from the station diary entry (Ex. 8). According to the evidence of this Assistant Sub- Inspector, he recorded the statements of the chaukidars on that day. I have read the evidence of the chaukidars with special care to see that there was no scope for coming to any conclusion which would make one suppose that these witnesses were putting forward a concocted story. There can be no doubt whatever that the telegraphic and telephonic messages, which were sent from the railway station, make it clear that a dacoity was apprehended somewhere and according to the suspicions of the chaukidar perhaps at Bishunpur. The police had accordingly despatched a force to Bishunpur, but they returned at 6 A.M. to state that nothing had taken place there. On receiving the message at 7 A.M. the Sub-Inspector of Ballia sent this Assistant Sub-Inspector and a force. There is no reason to doubt the station diary entries in this respect, nor is there any ground for holding that the telegraphic and telephonic messages were bogus. When the Assistant Sub- Inspector arrived, he in fact found Tilo Singh under arrest with a bundle and a pot of ghee recovered from his person. He proceeded to record the statements of the chaukidars. I have not the slightest hesitation in accepting the evidence of the chaukidars that they were looking out for certain persons suspected to have gone out for committing dacoity, and that while they waited to intercept them on their return they arrested certain individuals who were subsequently rescued from their custody. It is noteworthy that while these chaukidars were performing their duty near Sabdalpur they had not the slightest idea that anything like a dacoity was being committed at Kasimpur in the jurisdiction of Khagaria police-station. It was only when Tilo Singh was arrested near Sahebpur Kamal railway station that it emerged for the first time that a dacoity had been committed at Kasimpur.