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Pochai Rai and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in62Ind.Cas.182
AppellantPochai Rai and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 110, 118 - thana village crime note book, entries in, evidentiary value of--evidence of approver--corroboration. - .....or poverty of other evidence. we do not think that this relationship is in itself sufficient corroboration of the approver's evidence as against these three. we are unable to hold in the case of these three that the evidence of gayaram has been sufficiently corroborated.3. as regards pochai and sriram rai, we accordingly discharge this rule, as regards the other three, makhan rai, ratan rai and keshab rai, we discharge the order of the magistrate requiring them to furnish security and direct that, if in custody, they be now set at liberty.
Judgment:

1. In this ease the five petitioners with whom we are now concerned have been required, under the provisions of Section 118, Criminal Procedure, to execute bonds in certain amounts for their good behaviour for the period of one year in each case. As regards two of the five, Pochai and Sriram Rai we are of opinion that the evidence in each of those two cases is sufficient and strong. No doubt the Magistrate was in error in thinking that entries made in the book spoken of as the Thana Village Grime Note Book are in themselves evidence. But disregarding that, the other evidence sufficiently corroborates the evidence of the approver, Gayaram's, who implicates these two petitioners as participators in dacoities.

2. As regards the other three, Makhan Rai, Ratan Rai and Keshab Rai, they are all young men. Their relationship with one or other of the other persons bound down appears to have been taken by the Magistrate as sufficient corroboration of Gayaram's evidence. He himself speaks of the paucity or poverty of other evidence. We do not think that this relationship is in itself sufficient corroboration of the approver's evidence as against these three. We are unable to hold in the case of these three that the evidence of Gayaram has been sufficiently corroborated.

3. As regards Pochai and Sriram Rai, we accordingly discharge this Rule, As regards the other three, Makhan Rai, Ratan Rai and Keshab Rai, we discharge the order of the Magistrate requiring them to furnish security and direct that, if in custody, they be now set at liberty.


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