JADUNANDAN GOPE Vs. STATE
HIGH COURT OF PATNA
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SAHAI, J. -
(1.) THIS appeal is directed against a judgment of the Sessions Judge of Patna. He has convicted all the four appellants under Section 457 read with Section 380, Penal Code, and has sentenced each of them to undergo rigorous imprisonment for one year. He has further convicted appellant Jadunandan Gope under Section 323, Penal Code but has not passed any separate sentence under that section. Against appellant Sampat Dusadh, he has recorded a conviction under Section 324, Penal Code and a sentence of rigorous imprisonment for one year and he has ordered this sentence to run consecutively with the sentence under Section 457 read with Section 380, Penal Code.
(2.) THE prosecution case is that, on the night of the 7/8th September, 1951, Lilku Hajam (P. W. 6) was sleeping in the deorhi (passage -room) of his house. A lantern was burning and a buffalo was also tied in the deorhi. At about midnight, Lilku heard the sound of the buffalo getting up and woke up. He then saw all the four appellants going towards his courtyard. He raised an alarm of 'Chor, chor' and, thereupon, the appellants rushed towards him. On account of fear, he ran out of his house. The appellants pursued him and overtook him in the lane. Appellant Jadunandan assaulted him there with a lathi and appellant Sampat Dusadh struck him on the head with a garasa. The other two appellants remained standing with some utensils in their hands. On hearing the alarm raised by Lilku, Ramchander (P. W. 4). Chalitar (P. W. 2) and Awadh (P. W. 7), came there. The appellants fled and the three witnesses just mentioned chased them for a short distance. None of the appellants could, however, be caught. Lilku did not go to the police station at night because he was injured and the night, which was a night in the month of Bhado, was dark. A river had also to be crossed in going to the Police station. He left for the police station early in the morning and lodged first information report (Ex. 1) at 10 A. M. The distance between village Gahra where Lilku's house is situated and the police station at Naubatpur is eight miles. Sub -Inspector Jogendra Prasad (P. W. 8) investigated into the case and, after completing investigation, submitted charge -sheet.
(3.) THE defence of the appellants is that the entire prosecution case is false and that the appellants have been falsely implicated at the instance of three persons, namely (1) Sudama Babu, an influential landlord of the neighbourhood, (2) Chanderman Gope and (3) Ramdhari Singh, another landlord. (After discussion of the evidence His Lordship came to the conclusion that there was sufficient evidence to prove the case against the appellants. The judgment then proceeds) :
Dr. Hasan has argued a point of law also. It appears that appellants Jadunandan, Balchand and Banwari were charged under Section 392, Penal Code, and appellant Sampat under Sections 392/397, Penal Code. The learned Sessions Judge has acquitted the appellants of these charges and has recorded a conviction against them under Section 457, Penal Code, and against one of them under Section 323 and against another under Section 324, Penal Code. Dr. Hasan's argument is that the learned Sessions Judge acted illegally in convicting the appellants under these sections when the charges were under Sections 392 and 392/397, Penal Code.;
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