STATE Vs. RAM CHANDRA

JUDGEMENT

(1.) THIS is an appeal by the State Government against the acquittal of one Ramchandra, alias sethi, of an offence punishable under Section 224, I. P. G.

(2.) IT appears that there was a communal riot on the night between 29 and 30-3-1950 in sani-Udiyar, Patti Malla Kamsyar, district Almora, in which a number of muslims were killed. Harsingh Kanungo received a report of the occurrence on 30-3-1950 at his head-quarters at bageshwar. It may be mentioned here that a Kanungo is also entrusted with the duties of a Circle inspector of Police, a Patwari with those of a Sub-Inspector of Police and their peons with the duties of constables in the district of Almora. In this report the respondent was specifically mentioned among those who are said to have committed the murders. Har Singh reached sani-Udiyar on 31-3-1950 and sent for Dewansingh Patwari from Malla Kamsyar the same day. On 2-4-1950 Harsingh gave a written order, described as Parwana, to Dewansingh directing him to arrest the respondent at Beninag, as he was wanted in connection with the Sani-Udiyar murder case, and to send him to the lock up at Almora. Taking Bhairab Datt peon with him Dewansingh reached Beninag, and with the help of that peon and another peon Dharmanand, whom he took from Jiwanand Patwari stationed there, he arrested the respondent at about 10 p. m. on 2-4-1950 in the hospital at Beninag. The respondent was kept in the house of Jiwanand Patwari that night. The following morning Dewansingh, bhairab Datt and Dharmanand started with the respondent, who was handcuffed, for Almora. At village Bans, about 10 miles from Beninag, where they reached at noon, they were attacked by a number of persons and the respondent was rescued. On the intervention of some elders, however, he was restored to the custody of Dewansingh and his peons. As the latter apprehended further danger on their way to Almora they wrote to the Naib Tahsildar Saniudiyar for more help. Shersingh Patwari and Premsingh Mal-guzar joined them the same night, and the following morning (the morning of 4-4-1950) they were joined by Harsingh Kanungo, Hansa Datt Patwari and Gulabsingh peon. The whole of this party left Bans on the morning of 4-4-1950 with the respondent in handcuffs and reached village Saliya, about 10 miles from Bans, at noon and halted there at the shop of one narotam for midday meals. After the rest of the party had taken their meals, and while gulabsingh and Bhairab Datt were eating, a party of 200 or 250 men arrived from the side of beninag. The respondent had been put up in the upper storey of Narotam's shop. The crowd of men from Beninag demanded the release of the respondent. Their re-quest was refused. Thereupon they went up to the room in the upper storey of Narotam's shop, pushed Dewan Singh down the stairs arid rescued the respondent from the custody of Dharmanand peon. The crowd then took the respondent with them towards Beninag.

(3.) DEWANSINGH submitted a report of the occurrence to the Sub-Divisional Magistrate on 5-4-1950 in which the entire story from the time of the issue of the order for the arrest of the respondent until his rescue at Saliya was described in detail. Bhola Datt Tripathi Naib Tahsildar was entrusted with the investigation of the occurrence at Saliya by the District Magistrate, and the Naib Tuhsildar eventually submitted a charge-sheet against 27 men, including the present respondent. Seventeen of them were discharged by the Committing Magistrate, while nine of them were committed to sessions to take their trial for offences punishable under Section 147 and Sections 225 and 352 read with S, 149, I. P. C. and the respondent was committed to take his trial for an offence under Section 224, I. P. C. The Additional Sessions Judge of Kurnaon. by his judgment dated 16-10-1950, acquitted all the ten. The present appeal has been filed against the acquittal of only the respondent Ramchandra alias Sethi