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HIGH COURT OF CALCUTTA
Mrs. Padma Khastgir & Amal Kumar Chatterjee, JJ.
Mohonlal Ghosh
Ajit Das & Anr. & Ors
Versus
State
Criminal Appeal Nos. 5 of 1978 & 31 of 1978
Decided On : 31st July, 1987
CRIMINAL APPEAL - S. 399, 402, 25(1)(A) OF THE IPC AND ARMS ACT - PREPARATION FOR COMMITTING DACOITY - ASSEMBLY FOR THE PURPOSE OF COMMITTING DACOITY - PROOF - SUFFICIENCY - CONVICTION - LEGALITY.
Fact of the Case:
The appellants were convicted by the trial court under ss.399 and 402 of the Indian Penal Code and s.25(1)(a) of the Arms Act. The prosecution case was that the appellants were part of a group of miscreants who had assembled in a hut with the intention of committing dacoity. The police raided the hut and arrested the appellants along with arms and ammunition.
Finding of the Court:
The court found that the prosecution had failed to prove beyond a reasonable doubt that the appellants had assembled for the purpose of committing dacoity. The court noted that the only evidence against the appellants was that they were found in the hut at an unearthly hour with arms and ammunition. However, the court held that this evidence was not sufficient to prove that the appellants had assembled for the purpose of committing dacoity.
Issues: 1. Whether the prosecution had proved beyond a reasonable doubt that the appellants had assembled for the purpose of committing dacoity. 2. Whether the appellants were entitled to the benefit of doubt.
Ratio Decidendi: The court held that the prosecution had failed to prove beyond a reasonable doubt that the appellants had assembled for the purpose of committing dacoity. The court noted that the only evidence against the appellants was that they were found in the hut at an unearthly hour with arms and ammunition. However, the court held that this evidence was not sufficient to prove that the appellants had assembled for the purpose of committing dacoity. The court relied on the Supreme Court decision in Chaturi Yadav & ors. V. State of Bihar, where it was held that the mere fact that a group of persons is found in a secluded place with arms and ammunition does not by itself prove that they assembled for the purpose of committing dacoity.
Final Decision: The court allowed the appeals and acquitted the appellants of the charges under ss. 399 and 402 of the Indian Penal Code. The court upheld the conviction of Ajit Das under s.25(1)(a) of the Arms Act.
Khastgir. J.
The appellants Mohon Ghosh, Satyanarayan Shaw and Kashi Nath Adhikari preferred this appeal being aggrieved by a conviction together with three other accused under ss.399 and 402 of the Indian Penal Code to suker rigorous imprisonment for seven years and six years respectively. Similarly, Ajit Das @ Babu and Answar ali preferred an appeal being aggrieved by a conviction under ss.399 and 402 of the Indian Penal Code to undergo rigorous imprisonment for seven years and the convection of the appellant Ajit Das under s. 25(1) (a) of the Arms Act to undergo rigorous imprisonment for three years.
2. The case against the appellants was that pursuant to a complaint mad by the sub inspector Ashok Kumar Bhowmick of Haripal Police Station on the ground that on 11th of February, 1975 on receiving a source information the police party consisting of number of police personnel went to Basudebpur more. The Circle Inspector of Tarakeswer who also came there on night round accompanied the raiding party. On reaching an abandoned hut which is used as a pachai shop (country liquor shop) they found a lamp was burning and some persons inside the hut. The police personnel surrounded the hut. As soon as the complaint Ashok Kumar Bhowmick flashed his torch, the persons who assembled there also focused their torches. One of the miscreants announced that the police has come. As a result one of the miscreants hurled a cracker which exploded on the ground, as a result nobody sustained any injury. Thereafter the police personnel pounced upon the inmates and arrested lambusi, having a loaded pipe gun with live cartridges in his pocket and one big knife with brass made handle. Answar ali had a big digger, Mohan Ghosh, Satyanarayan Shaw, and Kashi Nath Adjikari were also arrested. Some other persons fled away from the place who could not be apprehended. The seizure list was prepared in the presence of the witnesses who accompanied the police personnel in respect of the pipe gun, with live cartridges, wearing apparels, one bicycle chain, daggers, knife together with lahistle found inside the pocket of the shirt which was worn by lambusi some materials for the purpose of preparation of bomis had also been recovered. The seizure also included a bunch having seventy keys in number, two hasuas, empty liquor bottles, one kerosene lamp were also seized. The learned Trial Judge framed a charge against Lambusi and Ajit Lal Das under s.25 (1) (a) and s.27 of the Arms Act for having in their possession firearms to with pipe gun cartages etc without any licence for the unlawful purpose of using them. Apart from that a charge was framed against Lambusi, Answar Ali, Ajit Das, Mohan Ghosh, Kashi Nath Shaw,Satyanarayan Shew under s.399 as also s.402 of the Indian Penal Code. Ashok Kumar Bhowmick narrated the incident in his evidence as to under what circumstances pursuant to source information he together with the force at about 11:30 p.m. went to Basudebpur More where he met the Circle Inspector of Tarakeshwar Circle. He called Gour Mohan Pal, Panchanan Sadhukhan and Surendra Nath Das, members of the public to accompany the police personnel for the purpose of raiding a pachsishop were certain dacoits had assembled which was situated on a files to the south of the road. As soon as the electric torch was focused, a bomb was bursted which bursted with a loud report. After surrounding the shop room the police personnel could apprehend seven persons with arms and ammunitions other made good with their escape P.W.1 identified all the six persons from whose possession loaded pipe gun, live cartridges, police, whistles, gold ring a big dagger two live K.F. special cartridges of 12 bore, wrist watch, one sickle and a cycle claim was recovered from another person named Chandi Ghosh who did not face the trial. The double edged dagger was also recovered Apart from that a brief case together with a bunch of keys was seized by the police. One electric torch some materi
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