MATHURA PRASAD Vs. EMPEROR

JUDGEMENT

(1.) These are two applications in revision, which have been heard together. The two petitioners are Mathura Prasad and Muhammad Rafique. Mathura Prasad has been found guilty under Secs.406 and 408, Indian Penal Code, and he has been sentenced to rigorous imprisonment for two years under each of the two Sections mentioned above. The order is that the two sentences of imprisonment shall run concurrently. Rafique has been found guilty under Section 411, Indian Penal Code, and under Secs.406 and 408 read with Section 114, Indian Penal Code. He has been sentenced to rigorous imprisonment for one year under each of the three Sections mentioned above. In his case also, the order is that the sentences shall run concurrently.

(2.) The case against these two petitioners was the following. One Rai Sahib Baldeo Sao, a resident of the district of Ranchi, is the proprietor of several liquor shops in the district of Manbhum and other districts. We are concerned in this case, with two of the liquor shops, one known as Sarbari liquor shop and the other known as Narayanpur liquor shop. The Sarbari liquor shop is stated to be about half a mile from village Naturia. Narayanpur liquor shop is about two miles from the Sarbari liquor shop. Mathura Prasad was the manager of the Sarbari liquor shop, and one Chandradeo (who was also accused, but was acquitted) was the manager of the Narayanpur liquor shop. Rafique was a peon of the Narayanpur liquor shop. The prosecution case is that on 5 January 1944, at about 2-80 A.M., one Ganesh Ram, a peon of the Sarbari liquor shop lodged an information at Naturia Police Station to the effect that there had been a dacoity in the liquor shop at Sarbari. This information was lodged by Ganesh Ram at the instance of the petitioner Mathura Prasad.

(3.) It was alleged, in the first information, that 15 to 20 Punjabis had entered the room where the petitioner Mathura Prasad was sleeping, and that the dacoits had tied up Mathura Prasad by means of a rope and had taken away the key from him; the dacoits then opened the iron safe, and took away the properties mentioned in Ex. 6. The properties consisted of Rs. 18,566-5-6, and a gold chain and a gold churi; alleged to have been pawned by one Sadilal, and also a silver necklet. The proprietor of the shop, Rai Sahib Baldeo Sao, was away at Ranchi at the time. He came to know of this dacoity at Ranchi on 6 January 1944, and he arrived at Sarbari liquor shop on 7 January 1944, in the afternoon. It appears that he was not satisfied that a real dacoity had been committed, and he suspected that there was some foul play by his employees in this matter. From 7 January 1944 to 9th January 1944, nothing in particular seems to have happened; but at 11 P.M. on 9 January 1944, Mathura Prasad and one Bindeswari (Bindeswari was stated to be the general manager of all the liquor shops and was one of the accused who has been acquitted on appeal by the learned Sessions Judge) are stated to have confessed their guilt. I am not referring in detail to the confessional statement, inasmuch as it has been held to be inadmissible in evidence by the learned Sessions Judge. Mathura Prasad and Bindeswari then took Rai Shaib Baldeo Sao to a ditch, about 200 steps north-west of the liquor shop. The prosecution case is that this was in the presence of Sadilal and Hardayal, Mathura Prasad took out a bundle from under the grass in the ditch, and it was found to contain Rs. 15,048 in Government currency notes, one gold chain, one gold churi as well as three gold guineas. Sadilal, who was present at the time, identified the gold chain and churi as those belonging to him, which he had pawned with the petitioner Mathura Prasad. As the cash recovered still fell short of the total amount which was alleged to have been removed by the dacoits, Rai Sahib was anxious to know where the balance of the cash was.