Jogendra Nath Bhawmik and Joyram Pattak vs Sangap Garo

We are of opinion that this rule should be made absolute upon the ground mentioned in the order of this Court, dated the 23rd of May last, and that ground is, that the Magistrate, in finding the accused guilty, proceeds mainly upon the evidence of persons who are no better than accomplices, and whose evidence has not been corroborated in material respects by other independent evidence in the case. There were two men who deposed in favour of the prosecution, and they were Goalparu and Khalek. As regards the former, the Magistrate has discarded his evidence, upon the ground that it is impossible to say what this witness does, or does not, know. As regards Khalek it may be said that the Magistrate meant to rely upon him as corroborating the statement of Singren, but looking at the judgment carefully we are inclined to think that the Magistrate introduced the evidence of Khalek incidentally rather than as regarding him as a really independent witness corroborating the testimony of Singren. We have also examined that man''s evidence, and it seems to us rather difficult to believe that he did not know that the money that was said to have been paid to the head constable was in the shape of dusturi. Upon these grounds we think that the conviction in this case cannot be sustained. The rule will accordingly be made absolute, and the conviction and sentences set aside.