SHIBRAJ SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Calcutta High Court in a criminal matter. The case relates to the murder of one Sk. Manzoor at Bagmari Road, Calcutta, on September 7, 1956, and to the causing of grievous hurt at the same time and place to Ranjit Pal. It was tried, by a jury before the Additional Sessions Judge at Alipore.

(2.) The prosecution story was briefly this. There is a manufacturing concern at Bagnari Road, which is known as Oriental Rubber Works. Of the three accused, Kaizar Ali is the manager of the concern. Santosh De the chemist and Shibraj Singh a darban. The incident took place on September 7, 1956, but the genesis of the trouble started earlier. It is said that there was discontent among the workers of the concern and there was a strike which began on August 13, 1956. This strike came to an end on August 21, 1956, on the basis of an agreement arrived at between the labour union and the concern with the assistance of the Assistant Labour Commissioner. On August 24, 1956, seventeen workmen were suspended. The workmen alleged that this amounted to victimization, which was against the terms of the agreement. Consequently, a fresh strike began on August 25, 1959. Them upon the concern tried to carry on work by recruiting fresh labour. The striking workmen resented this and used to assemble at the factory-gate and check all vehicles going in or coming out of the factory, with the intention of preventing fresh labour being taken inside the factory and also preventing the taking of manufactured goods. In view of this action of the strikers, the management sought the help of the police and two constables from Manicktolla police station used to be on duty continuous at the factory-gate to prevent breach of the peace. There is no serious dispute as to the facts up to this stage.

(3.) The prosecution case with reference to the incident of September 7, 1956, is that a truck came out at the factory at about 11 a.m. and was going towards west on Bagmari Road. Kaizar Ali Santosh De and Shibraj Singh who are the three accused and two Nepali-darbans were sitting in the truck. Shibraj Singh was armed with a gun. The truck proceeded some distance before it could be stopped by two of the strikers, namely Sk. Manzoor and Tarapada Biswas. As soon as the truck stopped, one of the Nepali darbans began to brandish his bhujali. Sk. Manzoor protested about this. Thereupon Kaizar Ali said that he would shoot them, it necessary, and then Kaizar Ali and Santosh De ordered Shibraj Singh to open fire. Shibraj Singh fired two shots from his gun in quick succession. The first shot hit Sk. Manzoor on the left thigh while the other struck a boy named Ranjit Pal who had nothing to do with the strike and was a passer-by on the road. Thereafter the truck moved off, and the manager Kaizar Ali went on it to Manicktolla police station, where he made a report against the strikers. In the meantime an ambulance was sent for to carry the two injured persons to the hospital. The police was also informed of this through a report made by one Dhirendra Nath Ganguly, who happened to be present when the incident took place. The two injured persons had in the meantime reached the hospital. The injury of Sk. Manzoor was serious and he died the same afternoon at 3-40 p. m. It was found that his thigh bone was broken and, the femoral artery cut. Three pieces of wads were recovered from the soft tissues. But there was no exit wound and no pellets were found in the body of Sk. Manzoor. His death was due to shock and haemorrhage from the injury on his thigh. The injury an Ranjit Pal was not so serious. An operation was performed on him and a pellet was extracted. He recovered and was discharged from the hospital on October 11, 1956.