RAMA SHANKAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At 9-30 p. m. on March 21, 1959, four persons--Rampiari, Hiralal, Shyama Prosad Missir and Surajnath Dubey-all residing within Police Station Golabari in the town of Howrah suffered incised and punctured injuries and died in consequence thereof. The appellants and two others were tried before the Extra Additional Sessions Judge, Howrah with a jury for rioting and causing fatal injuries to these four victims and thereby committing offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code. The jury brought a unanimous verdict of guilty against appellants Ram Shankar Singh, Bimala and Sudama Singh for offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code and against Ramnarayan Missir for offences punishable under Ss. 148 and 326 read with 149 of the Indian Penal Code and a verdict of not guilty against Depali wife of Ramnarayan Missir. The Sessions Judge accepted the verdict and sentenced the appellants, subject to confirmation by the High Court, to suffer the penalty of death and Ramnarayan Missir to suffer rigorous imprisonment for 10 years, and acquitted Depali. The reference for confirmation of death sentence and the appeal filed by the appellants and Ramnarayan Missir against the order of conviction and sentence were heard by the High Court of Judicature at Calcutta. The High Court held that the verdict of the jury was vitiated on account of misdirection by the Sessions Judge, and after an elaborate examination of the evidence found the appellants Ram Shankar and Bimala guilty of offences under S. 302 read with 34 of the Indian Penal Code for causing the death of Rampiari and Hiralal. The High Court also found appellant Ram Shankar guilty of murder for causing the death of Surajnath Dubey by stabbing him with a knife, and appellant Sudama Singh for causing the death of Shyama Prosad Missir by stabbing him with a knife, and confirmed the sentence of death passed by the Sessions Judge. The High Court, acquitted Ramnarayan Singh (sic: Missir ) of the offence of grievous hurt of which he was convicted by, the trial court. With certificate granted by the High Court this appeal is preferred by the three appellants.

(2.) Two bustees in the town of Howrah-No. 7 Madhab Ghosh Road and No. 7 Tikiapara Road-are separated by a common courtyard. Ram Shankar, Bimala, Ramnarayan Singh (sic: Missir ) and Depali lived in No. 7 Madhab Ghosh Road, Ramdeo Ahir, his wife Rampiari and son Hiralal lived in a room in 7 Tikiapara Road and Shyama Prosad Missir lived in another room in that bustee. Surajnath Dubey lived in a room in No. 9 Madhab Ghosh Road. At about 1l a.m. on March 21, 1959 there was an altercation in the common courtyard between Ramnarayan Missir, his wife Depali and Ram Shankar's wife Bimala on the one hand find Ramdeo, his wife Rampiari and his son Hiralal on the other. This attracted the attention of several residents of the locality, and the parties were pacified by Jadunandan Roy and Joy Lal Choudhury and were pursuaded to retire to their respective rooms. At about 7 p.m. on the same day after Ram Shankar returned home there was another altercation and Jadunandan and others again intervened and pacified the parties, who were-quarrelling, Hiralal and is mother Rampiari returned to their room and apprehending an assault they chained the door from within. It was the case for the State that at about 9 p.m., 5 to 7 "Hindusthani" came armed with iron rods and knives to 7 Madhab Ghosh Road and joined Ram Shankar, Sudama Singh, Bimala, Ramnarayan Missir and Depali who were also armed with lethal weapons, such as knives, swords and iron-rods. The whole party then proceeded to No. 7 Tikiapara Road and Sudama Singh broke open the door of the room of Ramdeo Ahir. Ram Shankar and his wife Bimala then entered the room, Sudama Singh standing outside. Ram Shankar and Bimala attacked Rampiari and Hiralal and stabbed them to death. On hearing the shrieks of Rampiari and Hiralal, Shyama Prosad Missir proceeded towards the courtyard, but was stabbed by Sudama Singh in the chest with a knife and collapsed on the spot. Sudama Singh was held by Jadunandan Roy, but was rescued by his supporters who beat Jadunandan Roy with iron rods. At this juncture Ram Shankar and Bimala came out of Ramdeo's room with their knives and clothes stained with blood. Surajnath Dubey who reached the room of Ramdeo was stabbed by Ram Shankar in his abdomen. Surajnath Dubey ran a short distance pressing his abdomen with his hands and fell down near the dispensary of one Dr. Dhruba Das Pandey wherefrom the was removed to the Howrah General Hospital. He succumbed to his injuries on March 23, 1959. Ramnarayan Missir was present in the courtyard at the time of this assault and carried a sword in his hand and his wife Depali carried an iron-rod. After killing Rampiari, Hiralal, Shyama Prosad Missir and causing injuries to Surajnath Dubey, Ram Shankar and his supporters fled along the Madhab Ghosh Road. The sword carried by Ramnarayan was snatched away by Jiban Prosad Sett an in doing so the latter received a slight injury. Ramnarayan (sic: Ram Shankar ) and his wife Bimala and others were chased by a large crowd, but many of the miscreants made good their escape. Ramnarayan and his wife Depali took shelter in the house of one Lakshman Mahato. Ram Shankar, Bimala and Sudama Singh entered the godown of Bhola Singh at Sailen Bose Road.

(3.) In the meantime the officer in charge of the police station having received information on the telephone proceeded to Bhola Singh's godown and arrested Subama Singh and Bimala, Ram Shankar having run away from the godown. Sudama Singh and Bimala were brought to the scene of offence and injuries on the dead bodies of Rampiari, Hiralal; Shyama Prosad Missir were examined. Information of the offence was then recorded.