Wallach, J.:— These appeals have I arise a out of a case in which 28 persons were committed for trial to the court of the Second Additional Sessions Judge of Agra on charges under Section 400 of the Indian Penal Code. The 24 appellants whose cases are now before us were convicted and sentenced to various terms of imprisonment, the four remaining accused being acquitted. The period covered by the charges was one of three years extending from the month of September 1916 to June 1919, and the case for the prosecution was that during the period in question, or portions of the period in question, the accused belonged to a gang of persons associated for the purpose of habitually committing dacoity. The principal statement incriminating the accused is that of the approver Bansi who made two confessions, one on the 15th of July 1919 and the second on the 29th of August 1919. In the first of these confessions he stated that he and his gang had taken part in four dacoities. In his second confession he added 5 further dacoities, and when he made a statement before the committing Magistrate on the 2nd of February 1920, he added a 10th dacoity.
2. It has been argued by Mr. Dubs with some force that the additions which were made in the second confession and in the statement before the committing Magistrate throw sufficient doubt on the evidence which was given by the approver, as it indicated that from time to time he was ready to add to the number of dacoities alleged to have been committed by his gang so as to suit the convenience of the police who had obtained further information regarding dacoities and persons who were said to have committed those dacoities. The learned Sessions Judge has tried this case with great ours and ability and has written an admirable judgment in which he has marshalled all the facts very clearly. We think that he has come to a right conclusion as to the credibility of the statements of Bansi the approver. He holds that Bansi had made up his mind to benefit by the pardon and feared that if in the end it was discovered that he had concealed some of the acts of dacoity committed by himself and his gang there was a danger of his being put back and having to stand his trial, and that was sufficient inducement for him in the evidence before the committing Magistrate and the Court of Session to make full and detailed statements of all he knew about his gang, although he had concealed some of his knowledge at the time of making his confessions, when he was not certain of obtaining a pardon. Although the law permits a conviction on the uncorroborated evidence of an approver, we do not think that this is a case where the approver's evidence should be acted upon against any accused unless there is some reliable corroboration against a particular appellant that in fact he did belong to a gang of persons associated for the purpose of habitually committing dacoity.
3. His Lordship then discussed the evidence in the case and in the course of his remarks about one of the appellants, Chunna, observed as follows:—
According to Chunna he was asked by Bansi to accompany them and to point out a place where they were likely to find a wealthy man's house to be dacoited. It has been argued by the learned Assistant Government Advocate that it having been shown by the evidence that many of Bansi's companions were well known dacoits who had been roaming about the country for months, they must have been known to Chunna as persons belonging to a gang associated for the purpose of habitually committing dacoity, and therefore the evidence of his having joined them in this one dacoity was sufficient to convict him of the offence specified in Section 400 of the Indian Penal Code. In the case of Hira Lal v. King-Emperor (1) Evana, J.C, and Lindsay, A.J.C, held that “the term ‘belong’ implies something more than the idea of casual association; it involves the notion of continuity and indicates a more or less intimate connection with a body of persons extending over a period of time sufficiently long to warrant the inference that the person affected has identified himself with a band, the common purpose of which is the habitual commission of dacoity.” With this interpretation of the section we fully agree. On the facts of this case we hold that it is not shown that Chunna belonged to this gang and for this reason we think that he also should be acquitted.
4. The result is that we dismiss all the appeals except those of Karan Singh, son of Bhola, and Chunna, son of Padam. We allow the appeals of these two men and direct that they be discharged from the performance of any sentence imposed upon them by the judgment under appeal. The fine if paid by Karan Singh will be refunded.
5. Order modified.