BINDESHRI Vs. KING-EMPEROR

JUDGEMENT

(1.) The three appellants have been convicted of an offence of dacoity and sentenced to five years rigorous imprisonment by the Additional Sessions Judge of Gorakhpur. The facts, which led up to their conviction, are as follows: In the village Saleem Garh Bazar a Bania of the name Mahender was dacoited on the night of the 22 September, 1925, and another person, Ram Govind, living near Mahendra, was also robbed on that night. A report was made at the police station at 5 a.m. on the 23rd, and the Sub-Inspector came and found marks of dacoity and injuries on two of the inmates of Mahender's house. Apparently no trace of the dacoity was found by the Sub-Inspector tuntil he received information from the police of the adjoining district, Chupra. The information was really very peculiar in that a man of the name Bhola, who was accused in this case and had been convicted by the Sessions Judge but has not appealed so far, made a report at the police station in the district of Chupra giving a clue to his dacoity. In consequence thereof the Sub-Inspector of Tariya Sujan went to thana Katia in Chupra, and on the 2 October, arrested the accused after searching their houses. Nothing, however, was found as a result of the search. Later, on that date, Bindeshri, accused, took the police officer to his house and from the chhappar of his house brought out a coat and a dhoti. A recovery list was prepared which has been verified by Faujdar. This coat and dhoti were kept on the roof of the house covered with some straw. Of the appellants, Ram Dhani and Chaudhur were placed in charge of one constable, and Bindeshri in charge of another constable, for escort from their village to the Gopalganj police station. They were, however, not admitted in the lock- up at Gopalganj until the evening of the 3 October. Bindeshri, accused, was not admitted into the Kasia lock-up till the 8 October, whereas the other two appellants were admitted into that lockup on the 5th. Investigation followed, and as a result thereof seven persons were put on their trial. The learned Judge acquitted Sita Ram and has convicted the remaining six, of whom the appeal of only three is before me.

(2.) That there was a dacoity at the shops of Mahender and Ram Gobind admits of no doubt. That has been amply proved by the evidence of Mahender and the other witnesses for the prosecution, residents of Saleem Garh. The question for determination is whether the three appellants were the dacoits who committed the dacoity at the houses of Mahender and Ram Gobind.

(3.) The evidence as regards the participation of Bindeshri in this dacoity consists of Mahender, Sarju and Baijnath in the Court of Sessions and the fact that a dhoti and a coat were given to the Sub-Inspector or taken from the roof of his house at Chituna on the 2nd of October.