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Bazlar Rahman and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1929Cal302
AppellantBazlar Rahman and ors.
RespondentEmperor
Excerpt:
- .....information, some police officers under a sub-inspector and an assistant sub-inspector raided a house in village sailakandi, p.s. muradnagar and recovered, among other things, 15 cartridges from under a chowki on which the petitioners were sitting conversing together with two people who lived in the house and were also convicted in the case but whose case is not before us on revision. they were chand miah and keramat ali, the two sons of the owner of the house. two of the petitioners are hindus and two are mahomedans. when the police officers knocked at the door keramat ali came out of the door and through the open door the sub-inspector saw those who were standing in the room throwing down something from their person. subsequently, on a search of the house, these 15 cartridges were.....
Judgment:

1. In this case the four petitioners have been convicted under Section 19(f) of Act 11 of 1878 and sentenced to undergo rigorous imprisonment for six months each.

2. The prosecution case is that, acting on certain information, some police officers under a Sub-Inspector and an Assistant Sub-Inspector raided a house in village Sailakandi, P.S. Muradnagar and recovered, among other things, 15 cartridges from under a chowki on which the petitioners were sitting conversing together with two people who lived in the house and were also convicted in the case but whose case is not before us on revision. They were Chand Miah and Keramat Ali, the two sons of the owner of the house. Two of the petitioners are Hindus and two are Mahomedans. When the police officers knocked at the door Keramat Ali came out of the door and through the open door the Sub-Inspector saw those who were standing in the room throwing down something from their person. Subsequently, on a search of the house, these 15 cartridges were found in a parcel in a a box under the chowki.

3. The petitioners have been convicted on the finding that they were in possession of these cartridges. The petitioners from the very first explained that they were residents of Comilla which is about 20 miles from the village in which the house of the other persons is situated and they explained that they had come there in order to attend a musical party in the village.

4. The only reason to suspect the petitioners if the knowledge of these cartridges is the fact that they threw down something from their person just before the search took place, but the case against them rests merely on suspicion. There is no proof that they were in possession of these cartridges or that they knew about the existence of these cartridges. These cartridges may not have been placed there by them. There is no evidence that they even knew of their existence and there was nothing incriminating in the articles which were found on the floor.

5. In these circumstances, we do not think that the evidence is sufficient to bring home their guilt against the petitioners and, therefore, the conviction and the sentences passed on them must be set aside and they will be acquitted. The petitioners, if they are on bail, will be discharged from their bail-bonds.


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