AMAR SINGH S/O THAKAR SINGH Vs. CROWN

JUDGEMENT

(1.) This order disposes of criminal Revisions Nos. 440 and 596 of 1948. Arnar Singh, Vir Singh, Mehnga Singh, Gurdit Singh and Gura were convicted in the Court of Sardar Lai Singh Kang, Magistrate First Class Pathankot, under Section 411, Indian Penal Code and sentenced to rigorous imprisonment for six months. The appeal of the convicts was dismissed and they have come to this Court in revision through Mr. Panna Lal Sahi.

(2.) The facts are that on 27 August 1947 several non-Muslim families of village Gharota apprehending danger from Muslims left the village carrying their valuables and essential clothes. It was raining and the party took shelter in the garden of Gauri Shanker. From the garden, they went to a maize field and hid themselves in that field. Seven or eight Sikhs who were armed with Kirpans attacked them and took away all their valuables and clothes. When the Muslims left Gharota for Pakistan the party of these looted non-Muslims came back to Gharota. Now as they apprehended danger in the way so none of the looted persons went to the Thana on that day. Ram Chand, however, lodged the first information report with the Sub-Inspector who visited Gharota on 3l August, 1947 and while making the first information report he gave a list of his articles which were stolen in the dacoity.

(3.) The investigation did not start till the mon December, 1947, and on 19th December 1947 it appears that the police recovered articles Exs. P-1 to p-52 from the accused.