SURESH CHANDRA BANERJEE Vs. KING-EMPEROR

JUDGEMENT

(1.) The 20 appellants were tried by the Additional Sessions Judge of Dacca with a jury upon a charge under Section 400, I.P.C., and upon the unanimous verdict of the jury were convicted and sentenced to various terms of imprisonment. The trial presents some unusual features. It began on 15 April 1925 and ended on 9 June. 1926. Over 300 witnesses were examined and the amount of judicial time actually devoted to the hearing was 154 days. The learned Judge's charge to the jury which occupied 8 days dealt very exhaustively with the law and with the facts in their relation to each particular accused and reflects great credit on the patience, industry and carefulness of the learned Judge.

(2.) At the hearing of the appeal, the appellants Suresh Chandra Banerji alias Fatik, Bhim Dhupi, Gunga Charan Dutt alias Haridas. Abala Ranjan Majumdar, Nalini Ranjan Majumdar and Bama Charan Chaudhuri alias Tuina were represented by Mr. Taluqdar, Nripendra Nath Ghose alias Natu by Mr. Bhattacharjee, while the remaining (13) accused have preferred appeals from jail.

(3.) The case for the prosecution rests very largely on the evidence of the approver Surendra Mohan Ghose. According to him the appellants with others formed a gang of dacoits under the leadership of Fatik, he himself being one of Fatik's lieutenants. The scene of their operations was the districts of Dacca, Faridpur and Tippera and more particularly Bikrampur within the Munshiganj Sub-Division and they were responsible for no fewer than 18 dacoities exclusive of attempts in the years 1922 and 1923. The head-quarters of the gang was at Panchgaon, Fatik's home, and the evidence shows that the appellants for the most part reside in this area. It was, therefore, not improbable, as the learned Judge puts it, that: there should be a gang operating In this area which has been responsible for all these dacoities.