ABDUL SALIM Vs. EMPEROR

JUDGEMENT

(1.) The eight appellants and two others were tried before the Additional Sessions Judge of Chittagong and a Special Jury on a charge of criminal conspiracy of other offences under the Indian Penal Code against each of them individually. One of these ten accused, Makbul Ahmed, was acquitted of all the charges framed against him. Eight of the remainder were convicted on the general charge of conspiracy under Section 120B/420, Indian Penal Code, including one Ahmed Kabir who has since died. The second appellant, Ahmed Mia, was acquitted on this charge. All accused except Maqbul Ahmed were convicted on one or more of the charges framed against them individually. In some cases the verdict was nnanimous and in others by a majority of three to two. The appellant, Abdul Salim, has been sentenced to five years rigorous imprisonment under sections 120B/420, Indian Penal Code. The appellant, Ahmed Salim, has been sentenced to two years rigorous imprisonment under sections 420/109, Indian Penal Code. The appellants Mohamad Ismail alias Ismial Dovash, Osi Mian and Mohamed Ismail alios Kala Ismail have each been sentenced to four years rigorous imprisonment under Section 120B/420, Indian Penal Code, and the appellants Mohamed Nassim, Matiar Rahaman and Yasin have each been sentenced to three years rigorous imprisonment under Section 120B/420, Indian Penal Code. No separate sentences have been passed on any of the appellants for the other offences of which they have bean convicted

(2.) The fasts of the care are somewhat complicated but it is not necessary to set them out in full, since in this appeal we cannot set aside the findings of the Jury on the facts whether the verdict be unanimous or that of a majority. The main facts according to the case for the prosecution are as follows: Daring the War a large number of men were required for marine work as serangs, tindals, sukanis, laskars, ete., in Mesopotamia. At first men were recruited in India for this purpose by the Koyal Indian Marine (R.I.M.) Department at various centres throughout India, The demand for these men, who were technically known as " Marine Ratings" steadily increased and about the middle of August 1916 a new department, sailed the Inland Water Transport (I. W. T ) Department, was created to carry on this work of recruitment. The new department commenced work in October 1916. In February, 1917, Chittagong was made one of the recruiting centres of " Marine Ratings " for service in Mesopotamia. The Recruiting Office in the Chittagong Port Office worked as a branch office of the Calcutta Recruiting Office but was financially independent, Mr. Chudleigh, (P. W. No. 2), Senior Harbour Master, was the Recruiting Officer for the Chittagong centre and as such selected men for Marine service in Mesopotamia. Men getting over Rs. 20 per month were technically termed " Higher Ratings " and the others " Lower Ratings." In selecting recruits for the "Higher Ratings," Mr. Chudleigh made it a rule that all candidates, except those known to him, should produce certificates or testimonials as to their fitness before they were finally selected. The men after their final selection were paid one month's pay in advance and diet allowance. They were then sent to Calcutta with a " watchman " to be made over to the Technical Recruiting. Officer who despatched them to Mesopotamia through the I. W. T. officers in Bombay. This watchman " was a servant of one Abdul Rahaman Dohasi who had entered into an agreement with the Secretary of State for India on the 7 February 1917, for the supply of the recruits to serve as "Marine Ratings" in Mesopotamia. Abdul Rahaman was in the position of a sole agent and was entitled to get a commission on the number of men recruited through the Chittagong office whether he himself brought them in or not. But until the men recruited at Chittagong were made over to the Head Office at Calcutta, Abdul Rahaman was responsible for the money advanced to them. At first Ismail Dovash (appellant No. 3) was Abdul Rahaman's " watchman " and, besides performing his duties as watchman, used to bring in men for recruitment. For some reason the Port Office authorities, about the middle of the year 1917, refused to allow Ismail Dovash to enter that office and he then began to bring in recruits through Matiar Rahman and Ahmed Mia (appellants Nos. 7 and 2) and others. As a result of advertisement by Abdul Rahaman other per-sons also began to bring in recruits. These middlemen or dalals got no commission or, remuneration from Government.

(3.) Mr. Chudleigh took good care to bring to the notice of the candidates for recruitment and of these dalals that certificates of competency and general fitness were absolutely necessary for recruitment in the "Higher Ratings." The certificates which were accepted were of two kinds known as Shipping Office Certificates and Basrah Certificates. In the present case we are only concerned with the Basrah certificates. These were certificates granted to men who had already served in Mesopotamia.