SHAMBHU NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave. Before the Additional Judicial Commissioner Chotanagpur at Daltongunj, fourteen persons were put up for trial for offences punishable under Sections 147, 148, 302, 302 read with S. 149 of the Indian Penal Code and Ss. 19 (E) and 19 (F) of the Arms Act. The Additional Judicial Commissioner convicted nine out of the fourteen persons. He convicted the 1st accused Shambhu Nath Singh for the offence under S. 302 and for offences under Ss. 302 read with S. 149 and S. 148 of the Indian Penal Code and 19 (F) of the Arms Act. For the offence under S. 302 of the Indian Penal Code, the 1st accused Shambhu Nath Singh was sentenced to transportation for life; for the other offences no separate sentences were passed. The learned Judge convicted accused Nos. 2, 3 and 4 for offences under Sec. 326 read with Sec. 149 and 148 of the Indian Penal Code and sentenced each of them for the offence under Sec. 326 read with Sec. 149 to suffer rigorous imprisonment for six years. For the offence under Sec. 148 of the Indian Penal Code, he did not impose a separate sentence. He convicted accused Nos. 5, 6, 7, 8 and 14 for offence under Sec. 326 read with Sec. 149 and 147 of the Indian Penal Code. He also convicted the 7th accused for an offence under Sec. 19(E) of the Arms Act. The learned Judge sentenced accused Nos. 5, 6, 7, 8 and 14 for the offence under Sec. 326 read with Sec. 149 of the Indian Penal Code to suffer rigorous imprisonment for four years and did not pass any sentence under Sec. 147 of the Indian Penal Code. For the offence under Sec. 19 (E) of the Arms Act, the 7th accused was ordered to suffer rigorous imprisonment for six months. Accused Nos. 9, 10, 11, 12 and 13 were acquitted. Against the order of conviction and sentence, the accused who were convicted appealed to the High Court of Judicature at Patna. In appeal, the convictions of these accused persons were confirmed subject to a modification regarding the order of conviction of the 7th accused for the offence under Sec. 19 (E) of the Arms Act.

(2.) The prosecution case may briefly be set out. Of plot No. 493 in Khata No. 27 of the village Gulabjhari, one Baran Kahar was a tenant. This land was originally held on adh batai, but the rent was commuted to cash rent under an order passed by the Commutation Officer in exercise of authority under Sec. 61 of the Chotanagpur Tenancy Act. On 2nd July, 1954 at about 4 P.M. Baran Kahar and his sons Nanhu Kahar and Ramedni Kahar were ploughing and levelling the land and were sowing paddy. At that time, a crowd of persons including the fourteen accused arrived on the scene. Shambhu Nath Singh accused No. 1 was armed with a gun and the other accused were carrying weapons such as bhallas, garasas and lathis. Apprehending an assault, Ramdeni Kahar and Mst. Sukri son and wife respectively of Baran Kahar implored the accused nor to assault Baran Kahar, but the accused paid no heed to their intercession. Shambhu Nath Singh fired several shots causing injuries to Baran Kahar and killing him on the spot. Nanhu Kaher also received gun shot injuries which resulted in his death. Ramdeni Kahar and Mst. Sukri also received injuries. After the party of the accused left the field, Ramdeni Kahar gave information at the Police Station Chhatarpur about the assault made upon Baran Kahar and Nanhu Kahar. An offence was registered by the Sub-Inspector of Police and investigation was commenced. The fourteen accused were arrested in the course of the investigation and put up before the Magistrate 1st Class Daltonguni on a charge sheet for offences under Secs. 147, 148, 302, 302 read with Section 149 of the Indian Penal Code and Secs. 19 (E) and 19 (F) of the Arms Act. The Magistrate committed these accused to the Court of Session for trial. At the trial, accused Nos. 1 to 8 and 14 were convicted and the remaining accused were acquitted.

(3.) The learned Additional Judicial Commissioner held that on the day of the incident, Baran Kahar was in possession of the land in which rioting took place and that the accused who were convicted had formed themselves into an unlawful assembly and had committed rioting and that the common object of the unlawful assembly, was to commit an assault and that the members of the unlawful assembly, because they were armed with diverse weapons "must have known that grievous hurt was likely to be caused" in prosecution of the common object. He accordingly held accused Nos. 2 to 8 and 14 guilty of offences under Section 326 read with Sec. 149 of the Indian Penal Code for the act of the 1st accused in causing gun shot injuries resulting in the death of Baran Kahar and his son Nanhu Kahar. The 1st accused Shambhu Nath Singh was convicted for the offence under Sec. 302 of the Indian Penal Code. For some reason which it is not easy to appreciate, the learned Judge convicted the 1st accused also of an offence under Sec. 302 read with Sec. 149 of the Indian Penal Code.