Proper handling of evidence and providing necessary directions to the jury are crucial for a fair trial and can impact the final decision.

JUDGMENT

Cuming, J. - This is an appeal by two persons Bikram Ali Pramanik and Kudrutulla Khan. These two persons together with one Samatulla were tried by the learned Additional Sessions Judge of Pabna and a jury on charges of dacoity and house breaking by night. The jury unanimously found all the three persons guilty u/s 457, I.P.C., and not guilty u/s 395, I.P.C. The appeal of Samatulla has been summarily dismissed and that of the other two appellants is now before us.

2. The case for the prosecution briefly was that these persons together with a number of other persons broke into the house of the complainant on the night of 27th May 1928. The defence briefly was a denial of the whole occurrence; and there was a suggestion in the case of Samatulla of enmity.

3. The first point raised by the learned vakil for the appellants is that the alternative charges under Sections 395 and 457, I.P.C., are bad in law. Why it is bad in law I am unable to understand. Offence u/s 457, I.P.C., is really in some cases a minor offence to offence u/s 395. There can be no reason why there should not be alternative charges of these two offences.

4. The next point raised is that the learned Judge has not properly dealt with or has misdirected the jury with regard to a certain alleged confession. It is alleged that Samatulla, whose appeal has been rejected, on the night of the dacoity made a confession to a cousin of his one Kefcab Ali Sarkar in which he admitted that ho and the two appellants had committed dacoity in the house of the complainant. In dealing with this confession the learned Judge's charge to the jury is as follows:

P.W. 15 Ketab Ali, a deed writer in the, Salanga Registration Office says that the accused Samatulla is his cousin and that he went to him at about 3-30 a.m. on the night of occurrence and requested him to save him as his name had been mentioned in connexion with the dacoity. This person says that after pressure being put, the accused Samatulla stated that he with the other two accused and also two other persons had committed the dacoity. The witness admits that there was a quarrel bet wean him and the accused Samatulla regarding the deduction of Rs. 10 from the price of three maunds of sweetmeats taken by Samat from his shop. This witness further admits that he (Samat) also said that his namo had been falsely mentioned in the Ejahar at the Thana. P.W. 15 was not examined by the Sub-Inspector. It is for you to say whether the accused Samatulla went to this witness on the night of occurrence and made the confession.

5. With regard to the alleged confession itself it is to be found in the evidence of Kebab Ali Sarkar when examined before the Magistrate. There he stated that Samatulla on being pressed said that he, Bikram Ali, Kudar Ali Khan and two others committed dacoity in the house of Chandulla Sarkar. When examined in the Sessions Court he states as follows:

Accused Samatulla is my co-villager. At about 3 and 3-30 a.m. the Nanigachi mela day I came to know of a dacoity in Chandulla's house... Accused Samatulla came to me that night. He is here. He said that his name had been taken in connexion with the dacoity in Chandulla's house. He asked me to go to the Prodhans of that Parah. I told him to come in the morning as I could not go at that hour of the night. Ho did not come to me any more. He said that three names were mentioned in connexion with the dacoity, viz., those of Bikram and himself and the man who was a Hindu before and converted to be a Mahomedan afterwards.

6. It would be noticed that in that statement Samatulla does not say that he and the other two appellants committed the dacoity. He only says that three names had been mentioned. The Public Prosecutor was evidently not satisfied with that statement; for he asked the permission of the Court to put further questions to the witness and be then asked as follows:

Did Samatulla tell you that he and Bikram and Kudratulla and two others had committed dacoity in the h