RAMADHAR TEWARY Vs. EMPEROR

JUDGEMENT

(1.) These are three appeals which have been heard together, and the present judgment will govern all the three appeals. There are 8 appellants before us. Three of them, namely, Raghubir Dusadh, Babu Ram Kurmi and Haricharan Dusadh, have been found guilty under Section 896, Indian Penal Code, and have been sentenced to rigorous imprisonment for 7 years each by the learned Assistant Sessions Judge of Gaya. The remaining five appellants, namely, Ramadhar Tewary, Daroga Dusadh, Inderdeo Dusadh, Bharath Dusadh and Hari Kishun Dusadh, have been found guilty under Section 412, Indian Penal Code, and have been sentenced to a similar period of rigorous imprisonment. One of the appeals has been preferred from jail, and the other two have been filed in the ordinary way.

(2.) The prosecution case against these appellants was the following: There are three brothers, Jagdeo Sao, Sahdeo Sao and Ramcharitar Sao, who have two shops at a place called Usri Bazar within the police station of Arwal, in the district of Gaya. In the two shops the three brothers dealt in Bales of cloth and groceries. Usri Bazar is situated by the side of the river Sone. On the opposite side of the river is a village called Bishunpur, which is within the jurisdiction of Piro police station in the district of Shahabad. It was alleged by the prosecution that on the night between 8-6-1943, and 9-6-1943, a dacoity was committed in the two shops of the three brothers mentioned above. The dacoity was committed at about 1-30 A.M. on 9-6-1943. The dacoits were about 40 or 50 in number. One of them was armed with a gun, and the others were armed with various deadly weapons. The dacoits broke open the two shops, removed new cloths and other articles. The villagers chased the dacoits, and the prosecution alleged that one of the dacoits fired his gun several times, wounding some of the villagers, including one of the brothers, Jagdeo Sao. At the dacoity two persons were identified by name, namely, Babu Ram Kurmi and Raghubir Dusadh. Information was given at the police station of Arwal at about 9-30 A.M. on 9 6 1943. In:this first information the names of two of the appellants Raghubir Dusadh and Babu Ram were mentioned, A third dacoit, Ramdhar Singh, was also identified at the dacoity. He was not, however, put on trial in the present case in circumstances which have been mentioned by the learned Assistant Sessions Judge. We are not concerned with him in the present appeals.

(3.) On 9-6 1943, some time in the afternoon, the dafadar of village Bishunpur on the other side of the river Sone received information to the effect that the gang of Ramadhar Singh would distribute properties removed by dacoity on the bed of the river. It may be stated here that the width of the river at that particular place is about two miles and most of it is sand. The dafadar of village Bishunpur, a man called Dhanukdhari Singh, sent on the information which he had received to his police station, namely, police station Piro in the district of Shahabad. Before he could get help from the police station the dafadar received further information to the effect that the dacoits had already come and were distributing the property removed by them. On this information the dafadar gathered together some chaukidars and other villagers and proceeded to the bed of the river at about 9 or 10 P.M. Hearing the sound of footsteps, the dafadar concealed his party in some thatching grass. When the dacoits came near, the dafadar flashed his torch. Thereupon, there was a scuffle between the dacoits and the party of the dafadar. The prosecution allege that some of the dacoits were carrying bundles of cloth. In this scuffle one chaukidar was mortally injured and died subsequently. One of the persons who were carrying bundles of cloth was arrested by the party of the dafadar. This person is stated to be the appellant Ramadhar Tewary. A Sub- Inspector of police came from Piro police station at about 2 or 8 A.M. on 10-6- 1943. The dafadar and his party had taken Ramadhar Tewary to the house of the dafadar in village Bishunpur. When the Sub-Inspector of police arrived there, Ramadhar Tewary was made over to him with the bundle of cloth which he was carrying when he was seized by the party of the dafadar. The Sub-Inspector of police took down the statement of the dafadar which was subsequently treated as the first information of a case which was tried in Arrah, and to which I shall personally make a reference.