Law: Penal Code (XLV of 1860)

Section: 396

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 22nd October 1969, in Criminal Appeal No. 225 of 1966 with Criminal Appeal No. 290 of 1.966).   Penal Code (XLV of 1860),  S. 396-Dacoity with murder-One of dacoits while retreating and being pursued after commission of dacoity firing gun-shot and killing one pursuer-Murder though com mitted not at the place of dacoity, in circumstances, held, committed while dacoity still continued and offences of dacoity and murder both committed in course of same transaction. Emperor v. Chandar 3 Cr. L J 294 distinguished. Lashkar v. Emperor A I R 1921 Lah. 115 and Karim Bakhsh v. Crown A I R 1923 Lah. 329 ref. Date of hearing : 19th June 1970 . JUDGEMENT M. R. KHAN, J.-The petitioner Bachchu along with Kona Shamsher Ali, Nawab Ali and Jabbar Ali, was placed on trial for an offence and section 396 of the Pakistan Penal Code, The learned Sessions Judge, Rangpur found all these person; except Jabbar Ali to be guilty of the offence of dacoity with murder and convicted them under section 396 of the Penal Code and sentenced them to rigorous imprisonment for ten years, each. On appeal, the learned Judges of a Division Bench of the High Court acquitted Nawab Ali, but maintained tile convictions and sentences of the remaining accused persons including Bachchu. Bachchu alone has made the present petition for special leave to appeal against the judgment and order of the High Court. The prosecution case was that a dacoity was committed in the house of Karamatullah (P. W. 1) on the night following the 19th April 1964. After mid-night, Karamatullah woke up on receiving a blow on his head. He saw two dacoits standing at the door of his hut. Of them, one had a gun and a burning mashal in his hand and the other had a lathi and a burning mashal. The dacoits numbering 7 or 8 entered the .hut of Karamatullah's son and beat him, They broke open a wooden chest and took away gold and silver ornaments and clothes there from. The wife and the mother of Karamatullah who were sleeping in their but raised alarm whereupon some villagers came there. At this, the dacoits started retreating. The…