Kolkata Court October 1916 Judgments

Sudhanya Bawali and ors. Vs. Emperor

Court: Kolkata

Reported in: 41Ind.Cas.157

1. A gun was found in an abandoned room of the house belonging to the accused in which they and others reside. It is a dark room under the staircase about 8 feet or 9 feet by 3 feet. One side of the room is open and leads into a passage. There is a door leading from the passage into an open yard outside. The door is on the east of the house. There is clear evidence that there is a pathway running north to south on the east of the house which is used by the neighbours. The house itself is not enclosed by any fence or wall. The door leading from the passage into the open yard outside has not got a bolt. It does not appear whether it had ever a bolt. It appears from the evidence that this room is accessible from outside, At the time of the search and before the Police entered into this room there is some evidence that this door was open, The Inspector himself is not clear whether it was open or shut at the time that he surrounded the house. The learned Sessions Judge has not been able upo...