Emperor vs Keramat Sirdar

Carnduff, J.—In this case five persons were placed before me in the dock, all charged with dacoity. Four of them pleaded guilty, while the fifth pleaded not guilty. I recorded the former plea and indicated my acceptance of it by directing that, in accordance with my usual practice, the accused be brought up for sentence at the end of the Sessions. The fifth is now on his trial alone, and the question has been raised whether certain statements made by the others can now be proved and taken into consideration against him u/s 30 of the Evidence Act. Taking the same view as was taken in Queen-Empress v. Pahuji ILR (1894) 19 Bom. 195, I am of opinion that this cannot be allowed.

At the close of the trial of Keramat, who was found guilty by the Jury, his Lordship directed the other prisoners to be brought up, and sentenced all the five accused to various terms of rigorous imprisonment.