EMPEROR Vs. NAMDEO MARGOO KAIKADI

JUDGEMENT

(1.) THE seven appellants were tried along with nine others by the Sessions Judge of Sholapur with the aid of assessors for criminal conspiracy to do certain acts with intent to impair the efficiency or impede the working of factories, if necessary by use of bombs, for committing a riot, in pursuance of that conspiracy, in the ring-frame department of the mills of the Sholapur Spinning & Weaving Co. , commonly known as Old Mills, some of them carrying bombs with them and for causing, in the course of the riot, injuries to several persons.

(2.) THE assessors were of opinion that all the accused were not guilty and the learned' Judge accepted their opinion as regards accused Nos. 7 to 12 and 14, 15 and 16 and acquitted them, but disagreeing with them he convicted the seven appellants of various offences and passed different sentences on them.

(3.) ON that day at about 8 or 8-30 a. m. several persons including the accused entered the mills. Witness Maruti, who was in charge of the motor which was being worked for driving some of the machines in the ring frame department, says that he saw eight) or nine persons coming up the fire-escape and that accused Nos. 6, 7 and 8 went to him and asked him to stop the motor as one of the belts had got entangled in the shafting in that department. Believing their story, Maruti turned off the motor. Thereafter those three accused and their companions rushed into the ring frame department throwing stones and bobbins, shouting " Gandhijiki Jai" and calling upon the workers to go on strike. ONe of the stones hit the witness Subrao and caused him an injury. Those who were working in the ring frame department, including jobber Sayyad Hussen, Subrao and Shidram chased the rioters and succeeded in arresting five of them, viz. accused Nos. 1 to5. Sayyad Hussen then sent the five accused to the office of the Spinning Master Rajkotwalla on the ground floor and proceeded to pursue the other rioters. He then happened to see accused No. 6 running downstairs and entering the carding department with a bag in his hand. Accused No. 6, on entering the carding department, stopped near a window, on the sill of which witness Huchappa, who was working in that department, had kept his tiffin box. It is alleged that accused No. 6 placed a bomb by the side of the box and left by a different door. Sayyad Hussen who had seen accused No. 6 entering in that department suspected that he would get out by the other door and so kept a watch on him. As soon as accused No. 6 came out, he caught hold of him and took him to the Spinning Master's office. The Police Sub-Inspector who had been informed of the riot arrived there. Accused Nos. 1 to 6 who had been taken into the Spinning Master's room were brought out and made to stand outside the door. When they were inside the room, it appears that accused No. 1, who had a bomb in his possession, managed to conceal it under a pile of sample cotton on a marble table standing near one of the walls. As soon as the Sub-Inspector arrived, he recorded the complaint of the jobber Sayyad Hussen and proceeded to the scene of the riot to make a panchnama. He found that bobbins and stones lay scattered there and drew up a panchnama about them. In the meantime Huchappa, who was working in the carding department, went to the window where he had kept his tiffin box and found the bomb. He did not know that it was a bomb and innocently picked it up and asked another worker Sakharam what that ball was. Sakharam also could not tell him what it was and Huchappa carelessly threw it away. As soon as it fell on the ground it exploded, causing him injuries, breaking the window and damaging one of the machines, The jobber Jainoddin was present there and he took Huchappa to the mill dispensary. At the time of the explosion the Police Sub-Inspector and the Deputy Superintendent of Police Mr. Bayliss, who had arrived by that time, were in the ring department engaged in drawing up a panchnama. ON hearing the explosion they rushed to the ground floor and Jainoddin told them what had happened and his statement was immediately recorded. Maruti identified accused No. 6 as one of the three men who had asked him to stop the motor. The six accused who had been arrested were then taken to the Police Club. There accused No. 1 told the Sub-Inspector and the Deputy Superintendent of Police that he had kept a bomb in the Spinning Master's office and offered to point it out. He was taken to the mills in the evening and in the presence of the police and panchas he pointed out the pile of cotton on the table, under which he had concealed a bomb. Mr. Bayliss cautiously made a search and found the bomb there. A panchnama was drawn up and the bomb was removed to safety. ON the next day accused No. 4 stated that he knew the place where accused No. 9 had concealed some bombs. He took the police and panchas to a field near the railway bridge at Chouda Kaman and pointed out a freshly dug hole under a tree. Three bombs were found there and were taken charge of by the Deputy Superintendent of Police. Thereafter accused No. 6 offered to point out a place near Sathe's Chawl where the conspirators had partaken of some eatables. The police and the panchas accompanied him and at the place pointed out by him several pieces of greasy paper, which had apparently contained sweetmeats, were found lying about. A panchnama was drawn up. Some more accused persons were arrested thereafter, and on October 19, 1942, accused No. 13, who was absconding till then, was traced and arrested. He told the police and panchas that he had placed a bomb in the C Mill in the compound of the Old Mills on the day of the riot and took them to the terrace of that mill. There he pointed out a gunny bag lying in a corner from which a bomb was recovered by the Deputy Superintendent of Police in the presence of panchas. ON the next day an identification parade was held at which Sayyad Hussen and Subrao picked out accused No. 13 as being one of the rioters. Investigation went on and the remaining accused were arrested as they were found. The bombs which had been recovered were sent to the Assistant Inspector of Explosives and he found that they were charged with red sulphide of arsenic and potassium chlorate and contained gramophone needles, glass pieces, etc. In his opinion they were capable of endangering human life and causing serious damage to property. After the completion of the investigation sixteen accused persons were sent up for trial and the seven appellants stand convicted of various offences. All the appellants are convicted under Rule 35(i) (d) of the Defence of India Rules of rioting and of causing simple hurt. Accused Nos. 1, 4, 6 and 13 are convicted also under Section 4(a) of the Explosive Substances Act and accused Nos. 1, 6 and 13 under Section 4(b) of that Act. Accused No. 6 is further convicted under Sections 324 and 435 of the Indian Penal Code since Huchappa was injured by the bomb which he had placed near his tiffin box.