RAMHITRAM RAMADHAR DUBE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant Ramhitram son of Ramadhar Dube, an ex-police constable attached to Raipur district, was prosecuted on three counts for the murders of Head Constable Sheikh Abdulla, Constable Chinsingh, and one Mst. Keja. He was convicted on all the three charges and sentenced to death. With this appeal there is also for consideration a reference under Section 374, Criminal p. C. for the confirmation of the sentence of death passed on the accused for each of the three offences.

(2.) THE appellant was attached to the police guard at Gariaband Sub-Treasury. He was on sentry duty from 12 midnight to 2 a in. on the morning of 16-8-1953 At that time the guard consisted of Head Constable Sheikh Abdulla, who was permanently in charge of the guard, and four constables, Ramprasad, Ramsingh, Chain. singh (deceased), and Ramhitram, were appointed for the duty. Previous to this, one Shatrughnasingh was a member of the guard, but he was replaced by Ramhitram, the appellant, because he was sent to Rajim. Ramhitram bore no. 538. The guard had 5 rifles and corresponding ammunition, of which one rifle and ten rounds were issued to the sentry. At the treasury a register was maintained in which the hours of duty of sentries were mentioned. Article A is that register. It was written for the night in question by Ramhitram. The sentry duty began at 6 p. m. , and each sentry was to take his turn for two hours at a time. The first to begin was Ramprasad; he was followed by Chainsingh and Ramsingh and ultimately Ramhitram came on the scene,

(3.) ACCORDING to the prosecution case, after Ramhitram, the appellant, came on duty he extinguished the two lanterns that were kept there and fired a shot which killed Head Constable Sheikh Abdulla, who was sleeping on a cot there. The bullet hit Sheikh Abdulla in the head, blowing off a portion of his skull and his brain. The appellant thereafter fired another shot which hit Chainsingh, who was sleeping close by, in the arm, smashing the bones, and some portion of the charge also penetrated into his chest Chainsingh shouted in agony and this together with the noise made by the firearm woke up the persons in the neighbourhood. One Kripashankar Awasthy (P. W. 3), who lived on the first floor, came down with an electric torch and found Chainsingh wounded and Sheikh Abdulla dead. It appears that he took fright and climbed again to the first floor, followed by the other two constables Ramprasad and Ramsingh. From there he tried to look with his electric torch, and his evidence is that every time he flashed his electric torch the accused fired. In all three more shots were fired by the accused, leaving out the two which had struck Sheikh Abdulla and Chainsingh. Since these persons kept shouting the Police Sub-Inspector Zema, some constables, and head-constables, accompanied by Shri Birthwar, Magistrate, First Class. Dr. Ghosh Assistant Medical Officer and the Circle Inspector arrived on the scene. Chainsingh was able to speak and had named Ramhitram as the assailant. He was examined by Dr. Ghosh, and his dying declaration was also recorded by Shri Birthwar. Dr. Ghosn certified that Chainsingh was in a fit state to make the declaration.