9911796707
TMI Blog1936 (9) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... ent under Section 411, I.P.C. These two sentences are to run concurrently. No separate sentence has been passed under Sections 411/120-B and 420/109, I.P.C. The other four petitioners before us have been convicted under Sections 420/120-B and 411/120-B and have been sentenced under the former section to one year's rigorous imprisonment, no sentence being passed under the last mentioned section. Against these five persons and 15 others the police submitted charges under Sections 420/120-B and 411/ 120-B. Some of these persons were also charged under Sections 411 and 411/109. One of these persons could not be tried because he was absconding, another was discharged during the trial, and another by the name of Julai Singh died during the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extensive scale. In the year 1931 the matter was taken up by the District Intelligence Branch and from 1931 its officers began to intercept large number of letters intended for Ram Sarup Singh who was then living in the town of Howrah. Some of these intercepted letters were retained by the police but some were sent on, after examination, in the usual course to be delivered to Ram Sarup Singh. But of the letters which were so sent to Ram Sarup Singh after examination the police kept either notes or photographs. Some of the intercepted letters and the notes and photographic copies of those letters which were examined but later on allowed to reach the hands of Ram Sarup Singh have been exhibited in this case. This interception went on for som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jaunpur, in the United Provinces) to Howrah. There were also a notebook, a post card written in Nagri and three other pieces of paper. Deo Narain wanted to pick up these tickets or at least to conceal them but he was prevented and the tickets, the note-book, the three slips of paper and the post card written in Nagri were taken charge of by Mr. Mitter, the travelling ticket checker. Deo Narain produced another ticket which he said entitled him to travel by the train. It was a third class ticket which bore 19th August 1934 as the date of issue. It was a long journey ticket and if the checking took place at a place beyond Burdwan there would have been no means of detecting the fraud. It was this accidental circumstance that led to the arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of documentary evidence was admitted on behalf of the prosecution and a large number of witnesses were examined by them. The defence also examined a large number of witnesses and there was a protracted trial in the Magistrate's Court. During the course of the trial Julai Singh died. He never retracted his confession but during his examination after the charge he adhered to the same. The trial ended in the convictions of 14 persons as stated above. 3. So far as the petitioner Ram Sarup Singh is concerned we do not think that he has got anything to say in the matter. (After discussing arguments, judgment proceeded.) We, therefore, uphold the convictions and sentences passed upon Ram Sarup. The next petitioner before us is Lal Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... died it was no longer a joint trial of Julai Singh with Lal Chand and at the time the learned Magistrate delivered his judgment there was no joint trial within the meaning of Section 30, Evidence Act. I feel some difficulty in accepting this argument. Julai Singh was put on his trial along with Lal Chand under Sections 420/120-B and 411/120-B, that is to say, that the trial proceeded for some time and it is only about six months before the delivery of judgment when the trial had proceeded for more than a year or about a year that Julai Singh died and before his death his confession had been put on the record. It is for this reason that I am unable to accede to the broad contention urged before us by the learned advocate for the appellant. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the confession because those statements would have the effect of supplying some gaps in the prosecution evidence both relating to the general conspiracy and the particular persons said to be conspirators. After giving our best consideration to this part of the case we are not satisfied that the confession of Jagannath was a voluntary one. That confession, therefore, cannot be taken into consideration. We accordingly hold that the evidence on which the learned Sessions Judge relied and maintained the conviction of Brij Kuar is not sufficient. We, therefore, set aside the conviction and sentence passed upon him and direct him to be set at liberty. (The remaining part of the judgment dealt with the evidence against Jagannath Kholey, Ramadhar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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