JUDGEMENT
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(1.)This is an appeal by Bhola Nath who has been convicted by the learned Additional Sessions Judge of Allahabad Under Section 395, I.P.C., and has been sentenced to rigorous imprisonment for six years. According to the prosecution, six or seven dacoits reached the house of Bhagwati Prasad in village Sewa, police circle Handia, district Allahabad, one night at about 9 p.m. The dacoits carried a pistol, knives and torches. They assaulted Bhagwati Prasad, and demanded the key of his safe. But Bhagwati Prasad did not deliver the key. He was stabbed with a knife. Dacoits broke open the safe, and removed valuable articles from it. A neighbour Kamla Shankar intervened. Dacoits fired shots at him. The dacoits left the place after looting Bhagwati Prasad's house for half an hour. Next morning a report was lodged at the police station by the village Chaukidar. Bhola Nath accused was questioned by the police in district Banaras in connection with another crime. The accused made a confession with respect to this dacoity in district Allahabad. The accused was then wearing a dhoti looted in this dacoity. The police took off that dhoti from Bhola Nath's person. Bhola Nath's confession was recorded by a Magistrate in district Banaras. The dhoti was put up for identification. It was identified as an article lost in the dacoity at Bhagwati Prasad's house. Bhola Nath was put up in jail for identification. He was identified by a number of persons. Bhola Nath and four others were prosecuted by the police in connection with this dacoity. The learned Magistrate discharged four accused, and committed Bhola Nath alone to the court of session.
(2.)The accused pleaded not guilty. He admitted that a dhoti was recovered from his possession. He said that the dhoti belonged to him. He admitted having made the confession before the Magistrate in district Banaras. The accused explained that he was kept shut up in a lock up by the police for three days. He was mercilessly beaten. So he agreed to make a confession as tutored by the police. He said that he was shown to witnesses at the police station. Further, witnesses knew him from before. The case was tried with the aid of four assessors. All the assessors were of the opinion that the accused is not guilty. The learned Sessions Judge disagreed with the assessors. He convicted Bhola Nath Under Section 395, I.P.C.
(3.)Bhagwati Prasad's house is said to have been looted at about 9 p.m. on 8-3-1951. Ganga Prasad Chaukidar lodged the first information report on 9-3-1951 at 7 a.m. The police station is at a distance of six miles from village Sewa. It was stated in the report that the crime was committed by eight or ten persons whose names and residence were not known.
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