HARIA DUSADH Vs. EMPEROR

JUDGEMENT

(1.) In this appeal there are two appellants, Haria Dusadh and Sabru Mian. Haria Dusadh was convicted by the Additional Sessions Judge of Bhagalpur under Section 395, Indian Penal Code, and sentenced to two years rigorous imprisonment and a fine of Rs. 50, in default three months further imprisonment. Sabru Mian was convicted under Section 412, Indian Penal Code, and sentenced to undergo rigorous imprisonment for six months. At the time the appeal was admitted by this Court a notice was issued upon the appellants to show cause why their sentences should not be enhanced.

(2.) Village Sarmania is 12 miles from the police-station Colgong, and it is at this village that the prosecution alleged a dacoity was committed some time after mid- night of 27 April 1943 in the house of one Hansi Koeri. In the course of the dacoity several articles were removed, including utensils and grains. The daooits also assaulted two persons, namely, Debi and Ghoghan, who were stopping at the place of Bansi Koeri. These men had come to the latter's house to act as bearers presumably to carry a palki in which the complainant intended to send his ailing daughter to her husband's place in village Gazichak, 3 or 4 hoses from village Sarmania. The dacoits, it appears, who were well armed, inflicted very severe injuries on Debi so much so that he was for some time unconscious. The medical evidence would tend to support the allegation of Debi that he had been mercilessly assaulted by the dacoits and that he had consequently lapsed into unconsciousness. Debi Kahar had as many as ten injuries on his person, and Ghoghan eight. The daooity at the house of Hansi Koeri was not seriously questioned before us, and having regard to what the Sub-Inspector found when he arrived at the house of Hansi Koeri, there cannot be the slightest doubt that a dacoity was in fact committed in the complainant's house and that there is no reason to suspect the evidence in the case led in that respect.

(3.) Before a first information report was lodged at the police-station concerning this dacoity one Bhima Dhangar was produced before the Sub-Inspector at police- station Colgong by certain chaukidars, and a saneha was recorded with reference to it. It appears that some 15 chaukidars including one Basanta Dusadh were returning from the police-station after receiving their salaries. When they had reached village Kujha they decided to check the attendance of certain bad characters in that village. They found that this Bhima Dhangar was absent from his house, and accordingly they so posted themselves in order to apprehend this man when he returned to his house. Somewhere about dawn Bhima Dhangar was seen coming when he was challenged by the chaukidars who arrested him there and then, and thereafter took him to the police-station where they arrived at about 10 A.M., on 28 April 1943. The first information was lodged by Hansi Koeri at 6 P.M. on 28 April 1948, at the police-station. It would appear from the evidence that the police left the thana somewhere about 2-30 A.M., on 29 April 1943, accompanied by Bhima Dhangar. The party then proceeded to village Kujha, where the Sub-Inspector left this individual in the charge of certain police officials in order to make a search in certain houses, and the Sub-Inspector himself proceeded to village Amdanda. The Sub-Inspector on arrival at Amdanda searched the house of Haria Dusadh at 7 A.M. in the presence of certain witnesses from where he recovered two lotas and a thali. Haria Dusadh, who was present at the time of the search, was then arrested. The Sub-Inspector then proceeded to village Sarmania, where he reached somewhere about 10 A.M. After having inspected the place of dacoity and after having examined certain witnesses he again left for village Amdanda at 4 P.M., on 29 April 1943. He reached Amdanda at 5.80 P.M., where he searched the house of Sabru Mian in the presence of witnesses, and re-covered one Kalsi and a lota and half a seer of Mirchai. He returned to the police-station on 30 April 1943, from where he forwarded Bhima Dhangar to the Sub-divisional Officer, Bhagalpur, in order that his confession may be recorded. On 1 May 1943, the Sub-Inspector returned to village Sarmania, when he examined a number of persons, including P.W. 11, Ratan Beldar.