ARSHED MOLLA Vs. EMPEROR

JUDGEMENT

(1.) The three appellants Arshed Molla, Khorshed Molla and Safer Molla with four other accused persons were tried by the Sessions Judge of Bakargunj sitting with two assessors on charges framed under Sections 396, 397 and 460 of the Indian Penal Code. In the result two of the accused were acquitted of all the charges. The remaining five, including the three appellants, were acquitted of the charge under Section 397 but convicted of offences under Sections 396 and 460. Khorshed and Safer were sentenced to transportation for life under Section 395 and Arshed to seven years rigorous imprisonment under that Section. No separate sentences were passed under Section 460.

(2.) It should be mentioned that in convicting the appellants, the learned Sessions Judge was in agreement with the opinion expressed by the assessors.

(3.) The principal witness for the prosecution is Ram Charan Shil, in whose shop a dacoity of an aggravated character was undoubtedly committed in the early morning of the 11th March 1918. Both Ram Charan and his Sarkar Asutosh Sammadar were attacked and severely wounded. The Sarkar died of his injuries six days later