MAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) Man Singh, Kishori Lal, Balbhaddar Singh, Halke Singh, Rameshwar Singh and Kanhai Singh have been convicted by the learned Additional Sessions Judge of Cawnpore for an offence punishable under Section 396, I.P.C. and sentenced to eight years rigorous imprisonment each.

(2.) The learned Sessions Judge acquitted Munian Singh, Sheonath Singh, Babu Singh and Sheonarain Singh.

(3.) It is proved beyond ail reasonable doubt that on 9 May 1928, a highway dacoity of a very serious magnitude was committed at or near Banar Alipur which is in the jurisdiction of the police station of Akbarpur. In the beginning of May, a cattle fair was held at Gajnair and a large number of people had congregated to see the fair and to vend their cattle. On 9 May 1928, sometime towards the evening, as a band of persons numbered 30 and 32 were returning from the fair and were on their way towards Akbarpur about nine miles from Gajnair, they were suddenly assaulted by a party of dacoits. Fourteen persons were injured. One man of the name of Debi was killed. Cash and currency notes of the value of thousands were looted. A report was made by the village chaukidar at the police station of Akbarpur the same day at about 9 p.m. The report does not give either the names or the number of dacoits, nor does it disclose the nature or value of the property looted.