Judgement

BHARGAVA, J. : The appellants Iman Ali and Jogesh Chandra Arjya, were convicted by the Court of Session for an offence punishable under Section 396 of the Indian Penal Code and sentenced to imprisonment for life. The facts found by the Court of Session for convicting the appellants were that, on the night between 11th and 12th May, 1962, between 1 and 2 A. M., the appellants along with about 12 or 13 others, committed dacoity in the house of one Tenu Arjya. At the time of committing the dacoity, the dacoits broke open the door of the house with the cross-bar of a plough. Four dacoits, including the two appellants, entered the house, while the remaining persons remained standing outside. As soon as the door was broken, Golapi, the wife of Tenu Arjya, was shot at with a gun by Iman Ali appellant, and then the other appellant Jogesh Chandra Arjya shot Tenu Arjya. Both Golapi and her husband Tenu Arjya fell down dead. Thereafter, the dacoits demanded money from Hari Charan Arjya, the son of the two deceased persons. They took away a sum of Rs. 2,500 which was kept in a quilt and also removed the gold earrings, one silver necklace and one waist band from the person of Golapi.